UNDERSTANDING SOVEREIGN IMMUNITY| Public Contracts and Lessons from Recent Texas Cases
Generally, governmental entities are immune from lawsuits. One exception is contractual. If a governmental entity is party to a contract and likely procedural requirements are strictly followed (e.g., notice and/or presentation of claims, among others), then the government is deemed to have has waived its immunity and consented to the proper court’s jurisdiction (power) when a contract is formed. Continue reading…
Show Me the Money!
You told the guy to do the work, the work is done, and now it’s time for payment, right? But, you only told […]
Reasonable ≠ Ratio
“Circuit court litigation comes at a price, sometimes a heavy price.”
Words Matter
Remember the adage, “what you say today could bite you tomorrow.”
Recently, a Contractor won its argument before the Armed Services Board of […]
Run Through the Base, Not To the Base
Run Through the Base, Not To the Base
Thankfully, baseball season is back. While listening to a broadcast of my favorite team yesterday, […]
Having Your Cake and Eating It Too: Attorneys Fees Without a Contract Clause
How often have you wanted to take a dispute “to the mattresses” (think, The Godfather), but the cost was prohibitive? You have […]
Choose Your Own Venue: Where to File a Miller Act Lawsuit
Do you remember the Choose Your Own Adventure books? If you are a subcontractor on a federal project, where should you […]
Speak Now or Pay Later
This applies to general contractors, subcontractors, and suppliers. Each can be the party preparing and transmitting a form of purchase order or […]
General Contractors Waive Goodbye
General Contractors: When was the last time a private owner asked you to waive your lien rights before you did any work? […]
Unripe Mediation Can Be Bitter
Ripen the dispute for mediation with a gradual exchange of information over time.
