RFI Blog

RFI Blog

Legal Insights and Best Practices for
Texas Construction Professionals & Government Contractors

Sanderford & Carroll Sponsors ASA 2nd Annual Skeet Shoot

Posted in Uncategorized

Sanderford & Carroll, P.C. served as the title sponsor for the Heart of Texas ASA Chapter’s Annual Skeet Shoot held August 7, 2014 at Weber’s Outdoor Shooting Range in Troy, Texas.  Approximately 40 shooters braved the Texas  heat to enjoy an afternoon of fun, fellowship and building relationships

Brian Carroll serves as section counsel from the Heart of Texas ASA chapter and is chair elect of the National Attorney’s Council for the American Subcontractors Association.  With respect to yesterday’s event Carroll stated, “This is our second year serving as title sponsor.  This event gets better each year and serves as a fun time for industry leaders to build relationships outside of the job trailer and away from the project site.” with others from the Central Texas Construction industry.  Participants included men and women representing subcontractors, vendors, insurance and surety professionals.  In addition to the competition, those gathered enjoyed a catered BBQ dinner program, door prizes and recognition of the top shots and other event sponsors.

Planning is already underway for next year.  “We will likely move the event to the spring next year to avoid the August heat,” added Carroll.

Texas Supreme Court: Economic Loss Rule Bars Negligence Claims against Architects

Posted in Economic Loss Rule, Recent Developments
Image courtesy of Flickr (Licensed) by © Mark Fischer

Image courtesy of Flickr (Licensed) by © Mark Fischer

Supreme Court of Texas:  The Economic Loss Rule bars general contractor’s negligence and negligent misrepresentation claims against design professionals.

It is not uncommon for an owner to hire architects and engineers to design the owner’s project.  The owner then seeks bids from multiple general contractors and contracts with the general contractor to build the project.  No contract exists between the architect and the general contractor so they are referred to as “contractual strangers.”

Can then a general contractor recover damages against the design professional in negligence if, after construction commences, many costly errors are discovered in the engineer’s work?  On June 20, 2014, Texas Supreme Court answered in LAN/STV vs. Martin K. Eby Construction Company, Inc., that they could not. Continue Reading

Getting Paid: Subcontractor Mechanic’s and Materialman’s Lien Notice Requirements

Posted in Mechanic's Liens

Compliance with pre-lien notice requirements for private, non-residential construction projects.

Image courtesy of Flickr (Licensed) by LendingMemo.com

Image courtesy of Flickr (Licensed) by LendingMemo.com

On regular basis I find myself face-to-face with a subcontractor that hasn’t received payment for several months and is now afraid payment will never occur.  Most contractors know that they may enjoy some lien or bond rights.  Often clients just don’t know the steps needed to take advantage of this powerful tool or they misunderstand the rules and make a fatal mistake.

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Negotiating Subcontracts – Controlling Your Risk

Posted in Contracting

Agree to What?

Image courtesy of Flickr (Licensed) by © Debra Hendrix Photography

Image courtesy of Flickr (Licensed) by © Debra Hendrix Photography

In this competitive environment, all too often contractors are presented with incredibly lengthy, unfair and unbalanced form contract from out-of-state contractors or overreaching owners.  Many are so biased that you lose the fight before the first controversy ever arises.  Despite initial posturing these agreements are frequently negotiated.  Most often, the drafters know that their form is unfairly biased and expect modification requests.  Being able to recognize and avoid the worst parts of these subcontracts, before signing on the dotted line, helps you avoid disputes and can save you significant money.

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