CONSTRUCTION LAW UPDATE:
Recent Case Law and Other Developments Impacting the Construction Industry

1. INTRODUCTION
2. SOVEREIGN IMMUNITY
3. MECHANICS' LIENS
1. LEGISLATION
2. FRAUDULENT LIENS
3. SUBSTANTIAL COMPLIANCE
4. CONSTRUCTION TRUST FUNDS
1. PERSONS LIABLE
2. FACTORING COMPANY NOT A "TRUSTEE"
5. INSURANCE
6. ARBITRATION
1. PARTIES BOUND BY ARBITRATION CLAUSES
2. PROCEDURAL VS. SUBSTANTIVE ARBITRABILITY
3. SCOPE OF ARBITRATION CLAUSE
4. ARBITRATOR DISCLOSURES
5. AIA FORMS TO DROP MANDATORY ARBITRATION UNDER AAA
6. AAA TO ADOPT OPTIONAL APPELLATE RULES
7. JOB SITE SAFETY
1. RECENT CASES
2. OSHCON
3. WORKERS' COMPENSATION
8. RESPONSIBILITY FOR ADEQUACY OF PLANS AND SPECIFICATIONS
9. HOMEOWNER LITIGATION
1. TEXAS RESIDENTIAL CONSTRUCTION COMMISSION
2. HOMEOWNER CLAIMS
10. CONSTRUCTION LITIGATION
1. SETTLEMENT CREDITS
2. EXPERT TESTIMONY
3. CONDITIONS PRECEDENT

This paper is a summary of recent judicial decisions and other developments that have an impact on construction law.1 As with all such surveys, the classification of "significant" is with the authors, and other cases and developments could be included.

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