Limitations

The Texas Two-Step: Protecting the Ability to Collect a Judgment

It is not uncommon in the construction industry for a party to find itself involved in litigation. Perhaps a contractor and subcontractor become involved in a payment dispute or perhaps an owner seeks relief for defective work. Regardless of the underlying cause of the dispute, a party who successfully obtains a judgment must protect its …

Defects, Limitations

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 if the cause of a leak was not …