Design Professionals Often Overlook Importance of Design Changes Clause

Construction contracts are unique is some ways among legal contracts. They anticipate and plan for changes during the project not included in the original contract. In fact, some industry surveys suggest the typical commercial project will involve as many as 50 change orders or more. All design changes will be governed by the “Changes Clause” in the contract. The “Changes Clause” could be the most important clause in a construction contract because it specifies how the owner can make changes or other alterations the owner deems necessary to complete the work. READ MORE

James P. Jameson Earns Arbitration Certification

James P. Jameson, of the firm's Houston office, recently earned an arbitration certification from the Barnham Graduate School & Seminary and Manousso Mediation & Arbitration, LLC. Mr. Jameson successfully completed arbitration training and ethics in compliance with the Alternative Dispute Resolution Procedures Act, Texas Civil Practice & Remedies Code Annotated. Already an experience mediator with more than 500 mediations, Mr. Jameson thus adds arbitration to his accomplished skill set. Please read Mr. Jameson's bio for for more information about his background and experience.

Who To Believe When Sexual Harassment is Disputed?

News stories, such as the accusations against U.S. Senate candidate Roy Moore and his corresponding denials, serve as reminders of what many employers already know from experience; often, an investigation of a sexual harassment claim yields two conflicting stories. The victim’s story is one of improper behavior by a supervisor, co-worker, customer or vendor. The accused’s story is one of denial and perhaps speculation regarding an ulterior motive for the harassment claim. Especially when there are no witnesses to the alleged behavior, the conflicting stories present the employer with a difficult question – what do I do now? READ MORE

Developing Law on Attorney's Fees Increases Risk of Legal Malpractice

The law surrounding attorney’s fees continues to change rapidly, posing a serious risk of legal malpractice for any attorney who fails to keep abreast of this developing area. For example, in Texas, any portion of work performed on a case must be segregated in claims where attorney’s fees are recoverable from the work on claims where attorney’s fees are not recoverable. The Texas Supreme Court first set forth the basic standard of care for segregation in 2006 in Tony Gullo Motors v. Chapa. A reviewing court can reverse the award and remand the case for new trial on attorney’s fees if fees are not segregated as required by Chapa. Other state courts also have emphasized the importance of segre

Nicole Ward Passes Texas Bar Exam

Congratulations to our law clerk Ms. Nicole Ward, who recently passed the Texas State Bar Exam. Ms. Ward graduated from the University of Oklahoma College of Law in May 2017. Her practice focuses on labor and employment law, professional liability, construction defect litigation, corporate law, and bankruptcy. She previously interned in-house for the general counsel at a nationwide building materials supplier and for an Administrative Law Judge at the Equal Employment Opportunity Commission (EEOC). At OU, she was a member of the Order of Solicitors, and won the Best Brief Award at the 29th Annual Ruby R. Vale Interscholastic Corporate Moot Court Competition. She served as a member of the Org

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