Recent Amendments and Caselaw Affecting the Construction Industry in Texas

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Some recent Texas legislative amendments and Texas Supreme Court cases from the past year concerning the construction industry in Texas.

April 19, 2022
Frederick H. Wen - Gordon Rees Scully Mansukhani, LLP

Here are some recent Texas legislative amendments and Texas Supreme Court cases from the past year concerning the construction industry in Texas.

1) Recent Legislative Amendments Concerning the Construction Industry:

a) The Texas Legislature throws a “Spear” in the Lonergan Doctrine to reduce general/subcontractor liability for owner-provided plans and specs:

Forty-nine out of the fifty states follow the Spearin Doctrine under which owners warrant the accuracy and sufficiency of owner-provided plans and specs in construction contracts. On the other hand, for over a century, Texas has followed the Lonergan Doctrine under which, absent contractual language to the contrary, a general contractor/subcontractor, instead of the owner, bears the risk of deficiencies in owner-provided design documents, once they started construction. Texas Senate Bill 219, which went into effect on September 1, 2021, finally changed that and brought Texas in line with the rest of the country, with a few exceptions.

Mr. Wen may be contacted at fhwen@grsm.com



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