AIA Rolls Out New Construction Manager Series of Form Contracts by Sara McEown     The American Institute of Architects (“AIA”) announced that it will be releasing updates to the Construction Management series of contract documents. As part of the updates, AIA will be releasing thirteen new or updated form contracts, including Construction Manager as Constructor (commonly referenced as “CMc”) and Construction Manager as Adviser (commonly referenced as “CMa”) and their related documents. The forms will be released in two phases – Construction Manager as Constructor in November 2019, and Construction Manager as Adviser in February 2020. The current Construction Management series was issued in 2009, keeping in line with AIA’s custom of updating its contract forms every ten years. Construction Manager as Constructor (CMc) Construction Manager is one of the most popular project delivery methods. Specifically, Construction Manager as Constructor ... Read More

TEA Takeover of HISD May Bring Changes in 2020 by Brittany Cooperrider     Texas Education Agency (“TEA”) Commissioner Mike Morath announced early this month that the TEA intends to take over operation of Houston Independent School District (“HISD”). As part of the takeover, the TEA would likely appoint a new school board and superintendent to lead HISD. New HISD governance could bring changes to the award of construction projects in the school district, including new construction and planned renovations... Read More

The Winds of Change for Landowners by Jack Turano     By next year, Texas could potentially receive more of its electricity from wind than coal. The continued expansion of wind energy in the Lone Star state has pushed Texas to the top of the list when it comes to wind energy production on a global scale. If Texas were its own country, it would be the fifth-largest wind energy producer in the world. With Texas’ transmission system, pro-business policies and limited land use restrictions, you may one day be approached by a wind energy company to sign on the dotted line so that your land can be used as part of a wind project ... Read More

ANSI Aerial Lift Standard Delayed by Tony Stergio   New American National Standards Institute (ANSI) aerial lift / Mobile Elevating Work Platform (MEWP) standard guidance was set to go into effect in December 2019.  ANSI, however, has delayed the implementation of this standard until March 1, 2020.  This gives those who own, rent, or use aerial lifts time to get all risk assessment forms, policies, and provisions in place before the March 1, 2020 implementation date.    While ANSI standards do not have the force of law, failure to follow ANSI standards (which have not been specifically adopted by OSHA) can be the basis of OSHA general duty clause citations. This is especially true when a reportable employee injury or fatality is concerned... Read More

Questions to Ask if You are Getting Ready to Sell Your Business by Brenton Pharis   If you're thinking about selling your business, imagine yourself as the potential buyer. What questions would you ask and what records would you want to see in making your decision?   The answers to these questions will tell you what you need to do to get your business ready for sale. For those business owners who keep their records in order, this will be a relatively easy task; for those less prone to do so, it may prove to be very time-consuming... Read More

Heard a' Purdah? Witness Communication in Arbitration by Andrew Harris     In a recent arbitration for a firm client, the arbitrator invoked the purdah rule at the beginning of the final hearing. While common in international arbitrations, purdah is rarely utilized in Texas arbitrations and this curve-ball required our team to make some immediate adjustments in the presentation and preparation of witnesses. Arbitration  Most modern construction contracts contain clauses either allowing for, or requiring, arbitration of disputes. Arbitration is designed to be an alternative to court that allows for an arbitrator typically well-versed in construction disputes to decide the case. Arbitration proceedings can vary greatly depending upon the arbitrator(s) and the direction of the parties. For instance, some arbitrations are very informal while others strictly apply the rules of evidence and decorum as if it were a court proceeding. In either scenario... Read More

Recording Online Meetings: A Guide to eDiscovery Best Practices by Patrick Kennedy     Because of the potential for exposure that recorded calls may have, it is important to understand when and where those recordings can be used and if the risk of recorded online meetings is something you need to mitigate against. Using online meeting software is commonplace in business. If you haven’t hosted a meeting using GoToMeeting, WebEx, Zoom or a host (no pun intended) of other software products, chances are you have likely attended an online meeting yourself, as it’s increasingly necessary for individuals to meet online and share screens, video feeds, documents and side-conversations with up to hundreds of people at a time... Read More

11/22     2019 Crossroads Gala 12/02     SPONSOR: AGC of Texas Christmas Party 12/03     AGC Houston CLC Holiday Party 12/04     SPONSOR: ASA She Builds It Holiday Party 12/04     SPONSOR: ABC Houston PAC Christmas Party 12/04     ABC Central Texas Holiday Party 12/04     SPONSOR: NACM Southwest Holiday Gala 12/05     Sara McEown presents at SBOT CLS Basics Course on the Construction Industry and Basic Terms 12/05     SPONSOR: AGC Houston Safety Holiday Happy Hour 12/05     SPONSOR: HBA Honors the Judiciary Holiday Reception 12/05     SPONSOR: HBA Construction Law Section Holiday Party 12/06     HCA Christmas Dinner & Dance 12/17     AGC Austin Holiday Party 12/18     SPONSOR: MCA Christmas Party