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#135:  Unconscionable Arbitration Agreements

NH Construction Law

“An agreement to arbitrate may be unenforceable if pursuing a claim in arbitration is so cost prohibitive that it prevents a party from vindicating its rights.” ” With that opening sentence, the Texas Supreme Court in Lennar Homes of Texas, Inc. ” Id. ” Id.

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Texas Court of Appeals Enforces Arbitration Agreement Provision Delegating Issues of Arbitrability to Arbitrator

Constructlaw

Gary and Kelley Caballero contracted to purchase a new home to be constructed by Taylor Woodrow and Taylor Morrison of Texas, Inc. The contract contained an agreement to arbitrate any disputes with the American Arbitration Association (AAA) under the Federal Arbitration Act (FAA). Taylor appealed.

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Agreement Reached in Troubled Harbor Bridge Project in Corpus Christi, Texas

ENR Construction

Under the settlement, TxDOT will close out claims related to disagreements on permit costs, right-of-way acquisition, COVID-19-related issues and the replacement of the engineer of record, according to the attorney for project general contractor Flatiron/Dragados.

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How to Get Paid on Texas Public Projects

Levelset

And with tentative buzz surrounding a proposed new interstate between Texas and northern New Mexico, there could be some serious construction projects underway in the state in the next year. Payment protection on Texas public projects. Texas prompt payment laws. Texas monthly notices. The main difference?

Texas 52
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Texas Homestead Lien Rules & Requirements

Levelset

In Texas, contractors must send multiple notices and meet strict deadlines to preserve their right to a lien if they need to file one. Here’s everything you need to know about homestead projects — and how to securing lien rights on a homestead in Texas. Related: How do you know if a project is on a homestead in Texas?

Lien 52
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Not Everything Is Bigger in Texas: Court of Appeals Reverses Trial Court’s Expansive Interpretation of Indemnity Clause

Constructlaw

A recent decision by the Court of Appeals of Texas highlights the perils of failing to properly assert a demand for contractual indemnity. RKI contracted with Ameriflow Energy Services LLC and Crescent Services LLC through two master service agreements (MSAs) and a series of work orders. RKI Expl. & & Prod., LEXIS 4331 (Tex.

Texas 52
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Texas city sues developer of lagoon-centric $1B Bayside development

Construction Dive

Rowlett officials claim that the team behind the massive mixed-use plot defaulted on their development agreement and committed "textbook bait and switch."

Texas 79