Nicholas J. Nieto | Kilpatrick Townsend & Stockton | March 18, 2019 In a lawsuit “for damages arising out of the provision of professional services by licensed or registered professional,” the Texas Civil Practices and Remedies Code requires a plaintiff to file with the complaint an expert affidavit supporting each theory of recovery. Tex. Civ.… Continue reading Update on Certificate of Merit Requirement: Dismissal With or Without Prejudice
Category: Construction Law
Don’t Run Out of Time to Run to the Courthouse: Understand the Statutes of Limitation Applicable to Construction Litigation
Michael L. Meyer | Taft Stettinius & Hollister | March 15, 2019 In a previous article, we discussed the unique nature of professional liability claims in construction matters. That article discussed the proof required in a professional liability claim and insurance considerations exclusive to a professional liability claim. Another important consideration is the period during which… Continue reading Don’t Run Out of Time to Run to the Courthouse: Understand the Statutes of Limitation Applicable to Construction Litigation
Using the Prevention Doctrine
David Erhart | Gordon Rees Scully Mansukhani | March 18, 2019 The following scenario happens regularly in the construction industry. A contractor on a project reaches out to a subcontractor to perform work. Excited about the prospect of performing the work, the subcontractor signs a contract and puts it nose to the grindstone. After dutifully… Continue reading Using the Prevention Doctrine
Minnesota Court Allows Punitive Damages Claim Against Contractor
Nicholas A. Loyal | Stinson Leonard Street | February 21, 2019 Punitive damages in construction cases are rare, but the Minnesota Court of Appeals recently allowed a driver to seek punitive damages after he was injured by debris falling from a construction company’s truck. The court’s decision provides a framework for punitive damage claims to… Continue reading Minnesota Court Allows Punitive Damages Claim Against Contractor
Initial Discovery Disaster Litigation Protocols Are Established
Chip Merlin | Property Insurance Coverage Law Blog | February 27, 2019 Rene Sigman from Merlin Law Group’s Houston office was invited to work with a panel of judges to determine a set of pretrial procedures designed to resolve cases efficiently, quickly, and fairly. Their work has finished and have published a set of protocols that most of… Continue reading Initial Discovery Disaster Litigation Protocols Are Established