|
| Who is Covering the Legal Fees? |
|
by Andy Harris Most modern construction contracts contain a provision allowing for recovery of attorneys’ fees to the prevailing party in a dispute. In addition, certain Texas laws affecting construction can likewise allow for the recovery of legal fees.
An example of a common prevailing party provision is the following: “If either party to this Agreement institutes litigation or arbitration with the other party arising out of this Agreement, the prevailing party shall be entitled to recover from the other party its reasonable attorneys’ fees and expenses incurred. The prevailing party is that party which, in light of the claims, counterclaims, and defenses asserted, is afforded greater relief by the court judgment or arbitration award.” Read More... |
|
|
|
|
|
| Welcome New Associates |
|
| Join us in welcoming Meredith Clark to our Business Litigation team. Meredith's practice focuses on a wide variety of complex commercial litigation matters in state and federal courts at the trial and appellate levels. Meredith received a B.A. from Texas A&M University and her J.D. from South Texas College of Law. |
|
|
|
|
|
|
|
|
|
| The New Frontier in Commercial Real Estate |
|
by Katie Gourley As we’ve seen with the introduction of blockchain technology over the course of the last decade, commercial real estate is a dynamic industry that is not afraid to change with the times. With new technologies continuing to launch, the ways in which real estate is bought and sold continue to evolve.
One area showing tangible impacts on the commercial real estate market is the Metaverse. But what exactly is it? The Metaverse is a rapidly evolving phenomenon flipping the way we define “real estate” on its head. This new frontier refers to a broad range of technologies operating together digitally, including virtual reality, nonfungible tokens (NFTs), and augmented reality. Together, these technologies operate to combine the digital and the physical worlds, allowing us to interact with both in a more fluid manner. While in the physical world you can go to the store and buy a physical piece of artwork, the Metaverse allows you to also buy that same artwork digitally in the form of an NFT. Read More... |
|
|
|
|
|
|
|
| Join us in welcoming another new associate, Blain Donnell, to our Houston Construction Litigation team. Blain's practice focuses on assisting construction clients from contractors and owners, to architects, vendors and suppliers on various types of cases. Blain received his undergraduate degree from The University of Texas at Arlington and his J.D. from Baylor University School of Law. |
|
|
|
|
|
|
|
|
| Coming Soon: Updated Overtime Rule |
|
| by Tony Stergio
It is anticipated that the Biden administration will soon raise the salary necessary to establish that certain white-collar employees are exempt from (not eligible for) overtime pay. In 2019, the Trump administration increased the salary levels required to qualify for these exemptions to $684 per week. This new rule would likely raise the minimum salary even higher. It is anticipated that the proposed minimum salary level for the Fair Labor Standards Act's executive, administrative and professional exemptions could rise to $913 per week ($47,476 per year), if not more.
It should be noted that in order to qualify for these FLSA exemptions, an employee must also meet a duties test. Therefore, in addition to making a minimum salary, the employee’s primary duty must fall within one of three categories. Read More...
|
|
|
|
|
|
|
| Where to find Andrews Myers |
|
04/28 - HCA Field Trip Luncheon
04/28 - SPONSOR RECA Knockout Night
05/04 - ABA Forum
05/04 - CREW Houston Luncheon
05/05 - SPONSOR IREM Happy Hour
05/09 - AGC Austin D&I Crawfish Boil
05/10 - Texas Lien Tour at CentexAGC w/ Ben Westcott
05/10 - Society of Construction Law Escalation Claims Presentation with Brittany Cooperrider & Sara McEown
05/11 - AGC Houston Contract Law Class w/ Billy Davis & Kenton Andrews
05/12 - SPONSOR AGC Houston Advocacy Breakfast
05/12 - CREW Houston Coffee Talk
05/12 - Tellepsen Texas Hold 'Em Poker Tournament
05/12 - Coastal Conservation Association Banquet
05/17 - HCA Spring Golf Tournament
05/18 - CREW Austin Lunch & Learn
05/19 - SPONSOR AGC Austin Spring Golf Tournament
05/19 - ABC Central Texas Spring Clay Shoot
05/19 - SPONSOR ASA Houston Chapter May Luncheon
05/23 - GBVBA Golf Tournament
05/24 - ABC Central Texas Lunch & Learn w/ Clayton Utkov & Andy Harris
05/25 - AGC of Texas - Austin Area Monthly Luncheon
05/26 - HCA Luncheon & Safety Awards
05/26 - NAIOP May Meeting
05/26 - NACM Bond & Lien Claim Seminar |
|
|
|
| Andrews Myers, PC |
|
| Founded in 1990, with offices in Houston and Austin, Andrews Myers, Attorneys at Law, is a corporate law firm and recognized market leader in Texas construction law. The firm focuses on the concentrated disciplines of commercial litigation, construction, commercial real estate, corporate and business transactions, with additional emphasis on related issues including bankruptcy and insolvency, energy, employment and capital formation. A seasoned team of attorneys provides timely and cost-effective solutions to the most complex problems facing entrepreneurs and middle-market industry leaders throughout the state and the nation. For more information please visit www.andrewsmyers.com. |
|
|
|
| COVID-19 Updates |
|
Andrews Myers attorneys have been tracking and updating the many changes that could effect you and your business throughout the ongoing COVID-19 Pandemic. To see all of the articles and information you may have missed, please visit our dedicated COVID-19 page on AndrewsMyers.com.
To subscribe to our newsletter, click here. |
|
|
|
|
