Cynthia Tarle returns to the Annual CLM Construction Conference as A Panel Speaker and Show Daily Sponsor!
Texas Construction is Booming – And so are the Disputes. An Update on Need to Know New Developments in Texas Coverage and Liability Issues
This Panel Session:
September 29 at 10:15 AM – Hilton, 500 E. 4th St. Austin, TX 78701
The volume of construction has continued to explode onto the Texas marketplace, resulting in an equally significant uptick in construction defect litigation. While analysis of key legal concepts related to liability for construction claims has been less impacted, issues surrounding coverage continue to be increasingly fluid. Texas legislature and courts have been busy clarifying, and in some instances altering, the law, ultimately impacting contract drafting, policy interpretation, and litigation strategies. Complex areas including: duty to defend; allowances of extraneous evidence; clarification of Texas’ Anti-Indemnity Statute; improper applications of Time-Limited Demands; and pursuit of design professionals, has caused the industry to question the best approach to litigating these cases. Moreover, increased costs of construction materials and labor shortages have driven damages models north, while the banking industry has recently constricted its lending practices, likely reducing the number of future insurable projects. At the same time, social inflation combined with new case law on coverage issues, including how courts are interpreting “occurrences” in construction defect cases, are stalling settlement discussions, and contributing to the rise of nuclear verdicts. This panel will discuss new developments impacting Texas construction claims and tips to successfully maneuver through the swamp of evolving case law and statutes.