Posts from May 2018.
Limitations and the Discovery Rule: Revisiting Bayou Bend Towers Council of Co-Owners

November 2018 will mark the 25th anniversary of a significant case regarding the limitations period for construction defect claims in Texas. In Bayou Bend Towers Council of Co-Owners v. Manhattan Construction Co., 866 S.W.2d 740 (Tex. App.—Houston [14th Dist.] 1993, writ denied) the Court held that even ...

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Delays v. Disruption Damages

A recent Texas case clarified that both disruption and delay claims are potentially recoverable against a county pursuant to Texas Local Government Code § 262.007. Under the statute, sovereign immunity is waived to a certain extent against a county in Texas when the county is a party to a construction contract. The ...

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