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Construction Law Update By William R. Allensworth & Joseph F. Canterbury, Jr. - Featured Article
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CONSTRUCTION LAW UPDATE:
Recent Case Law and Other Developments Impacting
the Construction Industry
Annual Meeting
Construction Law Section
State Bar of Texas
June 21-22, 2007
San Antonio, Texas
William R. Allensworth
Allensworth & Porter, L.L.P.
Austin, Texas
Joe F. Canterbury, Jr.
Canterbury, Stuber, Elder, Gooch & Surratt, P.C.
Dallas, Texas
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Abstract
This paper is a summary of recent judicial
decisions and other developments that have an impact on
construction law. As with all such surveys, the
classification of "significant" is with the authora, and
other cases and developments could be included.
Table of Contents
INTRODUCTION
- Sovereign Immunity
- Statutory Waiver of Immunity
- Waiver by Contract
- Derivative Immunity
- Arbitration
- Challenge to Contract as a Whole is for Arbitrators--Not Courts
- Arbitrator Disclosures
- Scope of Review
- Non Signatories Bound to Arbitrate
- Manifest Disregard of Law
- Compelling Arbitration
- Arbitrator Immunity
- Arbitration Subpoenas
- Waiver of Right to Arbitrate
- Insurance
- Government Contracts
- False Claims
- No Relief from Steel Price Increases Under a Fixed-Price Contract
- Conditions Precedent
- Construction Litigation
- Homeowner Claims
- Warranties
- Differing Site Conditions
- Limitations
- Expert Witnesses
- Privilege as Grounds for Disqualification
- Insufficient Basis for Opinion
- Statute of Frauds
- Substantial Performance
- Miscellaneous
- Trust Fund
- Zoning
- Civil Rights
Table of Authorities
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You must have the free Adobe Acrobat Reader 4.0 (or greater) installed in your
computer in order to view or print this paper. It is available as a free
download from the Adobe Web site. If you do not have Acrobat Reader installed,
click the link to the left to download it. If a menu window opens before the paper, choose the "View"
option.
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