Joe Canterbury, Jr. Joe Canterbury, Jr.

Texas Supreme Court Holds Written Notice Requirements Must Be Complied With

In May, the Texas Supreme Court issued an opinion holding that if a contract mandates written notice, that some form of writing is required. The opinion issued in the case of James Construction Group v. Westlake Chemical Corporation, did not overrule the doctrine of substantial compliance with contractual notice provisions, but held that absent waiver – which can be very difficult to establish – an oral notice does not satisfy a contract’s written notice provisions.

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Kyle Gooch Kyle Gooch

Liability of Contractor for Design Defects

S.B. 219 (effective 9-1-21) amends §§ 59.051 of the Business & Commerce Code and provides that a contractor performing work on projects, other than critical infrastructure facilities (as defined in the Code), is not responsible for the consequences of design defects and …

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