Curt Martin and Richard Eiszner | ConsensusDocs A Texas appellate court recently ruled that a building permit wasn’t a condition precedent for a construction project. That caught our attention. Can you build a commercial project without a permit? But as we read the case, we see the court’s reasoning. And it reminds us of an… Continue reading We Won’t Permit That Excuse!
Tag: Texas
An Oral Promise is Not Enough: Dallas Court of Appeals Bars Subcontractor’s Claims Based on Owner’s Oral Guarantee
Graham Quinn and Ryan Breen | Gray Reed What happens when a property owner looks a subcontractor in the eye and promises to cover the general contractor’s unpaid bills — but never puts it in writing? According to the Dallas Court of Appeals, that promise is worth nothing. In Lone Star Concept Solutions d/b/a True Colors… Continue reading An Oral Promise is Not Enough: Dallas Court of Appeals Bars Subcontractor’s Claims Based on Owner’s Oral Guarantee
With Bills Recently Passed in Washington and Texas, the “Right to Repair” State Law Thicket Continues to Grow
Gerard M. Donovan | Reed Smith A few weeks ago, Washington’s governor signed its right to repair bill into law. Texas’s right to repair bill has passed its house and senate and was sent to its governor on Monday. This continues a trend of states advancing, and several enacting, laws directed to the common goal of enabling a so-called… Continue reading With Bills Recently Passed in Washington and Texas, the “Right to Repair” State Law Thicket Continues to Grow
Out of Sight, Out of Mind: Texas Court Finds Construction Defect Claims Were Inherently Undiscoverable, Tolls Statute of Limitations
Gus Sara | White and Williams In Morningside Ministries v. Koontz McCombs Construction, Ltd., No. 08:23-00332-cv, 2025 Tex. App. Lexis 3584 (Morningside), the Court of Appeals of Texas (Court of Appeals) considered whether the plaintiff’s construction defect claims were “inherently undiscoverable,” thereby tolling the applicable limitations period under the discovery rule. The lower court granted the… Continue reading Out of Sight, Out of Mind: Texas Court Finds Construction Defect Claims Were Inherently Undiscoverable, Tolls Statute of Limitations
Xcel Says Its Equipment Likely Involved in Huge Texas Blaze
Mark Chediak | Claims Journal Xcel Energy Inc. acknowledged that its equipment was likely involved in igniting the worst wildfire in Texas history. But the utility company refuted allegations it had acted negligently. “Based on currently available information, Xcel Energy acknowledges that its facilities appear to have been involved in an ignition of the Smokehouse… Continue reading Xcel Says Its Equipment Likely Involved in Huge Texas Blaze