Texas Construction Law Blog

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Gene Besen

Alexis Foster

Vernon C. Howerton Jr.

Jeff Leach

Joe Virene

J.P. Vogel

Latest from Texas Construction Law Blog

Texas Construction Law Blog

What’s Ahead for the Construction Industry in the 86th Texas Legislative Session

By Jeff Leach

January 9, 2019

For 140 days, starting on Jan. 8, 2019, the 150 members of the Texas House of Representatives and 31 members of the Texas Senate, under the leadership of Governor Greg Abbott, will gather for the 86th Texas Legislative Session. As is often said, when the Texas Legislature is in session – your life, liberty and property are at stake – as new laws, rules, regulations, taxes and fees will be proposed and will receive substantive…

Texas Construction Law Blog

Series LLCs in the Construction Industry: Increasingly Popular Fortresses to Protect Contractor’s Assets

By J.P. Vogel

October 17, 2018

Originally published in Build Houston magazine. Co-author: Catherine Chlebowski The business of construction is a day to day adventure fraught with peril and liabilities dangerous enough to put many construction firms out of business. Given that reality, it is imperative that contractors properly structure the legal entities that provide the fortresses to protect their assets. While most are familiar with the limited liability company (LLC) and limited partnership (LP) set ups, many have no familiarity…

Texas Construction Law Blog

Anti-Poaching and Wage-Fixing Agreements: Drawing the Line Between Competitive and Criminal

By Gene Besen

August 5, 2018

Originally published in Build Houston magazine. In October 2016, the Antitrust Division of the U.S. Department of Justice (DOJ) issued guidance identifying poaching agreements and wage-fixing agreements as primary antitrust enforcement targets. In April 2018, DOJ brought the Department’s first enforcement case over illegal anti-competitive employment related agreements. In a market where skilled labor is in increasingly high demand, and the price of labor continues to rise, scrutiny of employment-related agreements is also on the…

Texas Construction Law Blog

Fighting the Four Horsemen of the Workforce Apocalypse

By J.P. Vogel

June 27, 2018

Co-author: Michael Kelsheimer Published in TEXO InFocus Magazine Since at least 2008, Flood, Fire, Famine and Pestilence have ravaged the construction workforce across America. In the downturn, many workers left the industry never to return. Others left the U.S. and have not returned. Couple that with construction growth, a resistance to training workers who may leave for another dollar an hour, and seeming lack of interest in construction jobs by the current generation now entering…

Texas Construction Law Blog

Establishing Personal Liability Without a Guaranty

By Joe Virene

June 1, 2018

Co-author: Trevor Lawhorn Published in Build Houston Magazine When non-payment occurs, suppliers and service providers often first seek relief by suing for breach of contract. Unfortunately, many companies are undercapitalized or otherwise “judgment proof.” A personal guaranty might mitigate this risk by providing an additional target, but guarantees are often difficult to obtain. Even if one is signed, the guarantors may lack assets, perhaps deliberately so. Judgement proof debtors and guarantors are especially frustrating when…

Texas Construction Law Blog

Is Your Construction Business Prepared and Protected for ICE Undocumented Worker Audits?

By J.P. Vogel

May 29, 2018

Co-author: Michael Kelsheimer Published on ForConstructionPros.com Understand and navigate the government’s amplified focus on undocumented workers to protect your business from escalating fines, jail time, delay damages and back-charges Whatever your political views, undocumented workers and the businesses that knowingly or unknowingly employ them have been under the microscope since President Trump took office in January 2017. According to U.S. Immigration and Customs Enforcement (ICE), between Oct. 1, 2017, and May 4, 2018, there were:…

Texas Construction Law Blog

Section 232 Investigations: What Steel-Consuming Businesses Need to Know

By Alexis Foster

May 11, 2018

In just the first four months of 2018, among a surge in trade complaints filed by domestic steel manufacturers against foreign rivals (a frequency not seen in over 15 years), and after a lengthy investigation by the Secretary of Commerce concluding “that the present quantities and circumstance of steel imports are ‘weakening our internal economy’ and threaten to impair the national security” of the United States, President Trump has issued two presidential proclamations—adjusting the imports…

Texas Construction Law Blog

The Storm After the Storm

By J.P. Vogel

March 7, 2018

Co-authors: Russell Jumper and Tim Fandrey Published in Cleaning & Restoration Magazine Just as the Texas coast assessed the magnitude of Hurricane Harvey’s damage, Hurricane Irma was taking shape in the Atlantic. Fewer than two weeks later, Irma would crash into the Florida Keys. Estimates put Harvey and Irma’s combined impact in excess of $275 billion. No small part of that amount will be required for cleaning and restoration services. Before Irma made landfall, even…

Texas Construction Law Blog

Protecting Yourself in a Volatile Labor Market

By Joe Virene

February 7, 2018

Co-authors: JP Vogel and Tim Fandrey Published in Build Houston Magazine Texas is a hot-bed for construction. In 2016, according to the Virtual Builders Exchange, Texas was second only to New York in construction expenditures, spending $44.4 billion. And there is no sign that the proliferation of construction is slowing down. New housing starts are up in Texas as a result of an influx of new employees moving to the area. The U.S. …

Texas Construction Law Blog

A Myth About Delay – Revisited

By Vernon C. Howerton Jr.

November 15, 2017

Construction lawyers routinely deal with delay claims. I have presented or defended more of them than I can remember. That is why I was curious when, earlier this year, I received a series of email invitations to presentations on the use of “concurrent delay” as a defense to contractor or owner claims for delay damages on construction projects. I’ve written about the subject in the past and wondered what, if anything, had changed.…

Texas Construction Law Blog

For Subcontractors & Suppliers

Blog Authors

What’s Ahead for the Construction Industry in the 86th Texas Legislative Session

Series LLCs in the Construction Industry: Increasingly Popular Fortresses to Protect Contractor’s Assets

Anti-Poaching and Wage-Fixing Agreements: Drawing the Line Between Competitive and Criminal

Fighting the Four Horsemen of the Workforce Apocalypse

Establishing Personal Liability Without a Guaranty

Is Your Construction Business Prepared and Protected for ICE Undocumented Worker Audits?

Section 232 Investigations: What Steel-Consuming Businesses Need to Know

The Storm After the Storm

Protecting Yourself in a Volatile Labor Market

A Myth About Delay – Revisited

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