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
Tag: Advise & Consult
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
Understanding Contract Payment Provisions
Amandeep S. Kahlon | Bradley Arant Boult Cummings LLP | March 19, 2019 Payment terms and conditions are an important piece of every construction contract. Taking some time to understand your payment obligations will help you successfully administer your project and, hopefully, avoid disputes. Although many construction projects utilize industry-standard form contracts with set payment… Continue reading Understanding Contract Payment Provisions
Sox Are ‘Slippery When Wet’: Contractor May be Liable for Injury Caused by Work Installed According to Customer Specifications
Amandeep S. Kahlon | Bradley Arant Boult Cummings LLP | March 21, 2019 An Illinois appellate court recently addressed the scope of negligence liability for a slip and fall injury on a newly installed roof at the Chicago White Sox Stadium. In 2013, a maintenance employee slipped on the roof at the stadium and suffered… Continue reading Sox Are ‘Slippery When Wet’: Contractor May be Liable for Injury Caused by Work Installed According to Customer Specifications