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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 author, and other cases and developments could be included.

1. Mechanic’s Liens
1. Legislation
2. Fraudulent Liens
3. Substantial Compliance
2. TRUST FUNDS
3. INSURANCE
   CGL Coverage
4. ARBITRATION
1. Parties Bound by Arbitration Clauses
2. Arbitration at the Sole Election of One Party
3. Procedural vs. Substantive Arbitrability
4. Scope of Arbitration Clause
5. Arbitrator Disclosure
6. AIA Forms to Drop Mandatory Arbitration Under AAA
7. Ability to Appeal an Arbitration Award
8. Sanctions for Frivolous Appeal of Arbitration Award
5. Arbitrable Immunity
6. JOB SITE SAFETY
7. WORKER’S COMPENSATION
8. LABOR RELATIONS
1. Time Worked
2. Union Salting Has Not Ended
3. Texas Supreme Court Declines Creating an Exception to "At-Will" Employment
9. RESPONSIBILITY FOR ADEQUACY OF PLANS AND SPECIFICATIONS
10. CONSTRUCTION LITIGATION
1. Settlement Credits
2. Expert Testimony
3. Architect’s Certificate of Merit
11. THE UNITED NATIONS CONVENTION ON E-CONTRACTS
12. SOVEREIGN IMMUNITY
13. H.B. 3 – TAXES AFFECTING CERTAIN BUSINESSES

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