Court decision voids major small business contracting law

Elizabeth Newell, November 6, 2008

This article, published on GovExec.com, and authored by Elizabeth Newell of GovExec's staff, discusses a recent decision of the United States Court of Appeals for the Federal Circuit regarding the award of defense contracts to small businesses owned by socially and economically disadvantaged individuals.  The case discussed in the article was handled by David Barton of The Gardner Law Firm, and Mr. Barton is quoted in the article.

A breath of fresh air for construction trust fund creditors in the Bankruptcy Court

R. Wes Johnson, September 2008

This article discusses a recent Fifth Circuit opinion holding that a trustee in bankruptcy can not avoid, as a preference, construction trust funds  paid to a subcontractor from a contractor within 90 days of the contractor filing bankruptcy.

Temporary Employment Agency Allowed to Enforce Mechanics Lien
R. Wes Johnson, August 2007

This article reviews the implications of a June 2007 Texas Supreme Court holding that the mechanics lien filed by temporary agency providing workers to a subcontractor was enforceable against the contractor.

Significant Change in the Law Regarding Contingent Payment Clauses
R. Wes Johnson, August 2007

A complex new provision in the Texas Business and Commerce Code signals the start of  new era of shifting financial risk between subcontractors and general contractors.

Caveat Venditor-"Let the Seller Beware, at least for a while"
R. Wes Johnson, August 2007

This first installment of a two-part analysis of sellers' warranties discusses how long sellers must be concerned about fulfilling their warranty obligations at common law and under statute.

Ice, Ice, Baby: Heard of ICE?
Dawn B. Finlayson, November/December 2006

In the face of heightened federal enforcements against companies employing illegal aliens by the Immigration and Customs Enforcement task force, “ICE”, it is important that employers know the law and how to follow it.

The King is Dead, Long Live the King
R. Wes Johnson, September/October 2006

This article provides an overview of the waiver of sovereign immunity as it applies to governmental entities and explores the issue of breach of contracts with political subdivisions. The Associated Builders and Contractors’ South Texas Chapter played an important in the enactment of the law.

Defective Work and Triggering CGL Coverage
R. Wes Johnson, April 2006

An in-depth look at how Commercial General Liability insurance policies held by general contractors can protect against claims arising out of defective work performed by subcontractors and the latest legal opinions on how the coverages are triggered.

Pass-through Agreements
R. Wes Johnson, October 2004

This article examines pass-through agreements in which a contractor can pursue a claim of a subcontractor against an owner in the name of the contractor.