The only certainty regarding changes on a construction project is that there will be changes. Construction bid requests often lack clearly defined bidding instructions describing how additional costs will be incorporated into the contractual agreements as a result of project changes. Failure to address this issue before signing the contract may lead to extensive change order negotiations, resulting in an adversarial relationship between the parties, which can be detrimental t

Tony Jach, partner at Nixon Jach Hubbard, was elected Chairman of the Construction Law Section for the Dallas Bar Association. His term will run through 2015. Tony has been actively involved with the Construction Law Section's leadership since 2007, beginning with his service on the Council and culminating with his election as Chairman of the Section. As Chair, Tony will continue to have his finger on the pulse of the North Texas construction industry and the legal issues ou

The Dallas Court of Appeals recently held a supplier can "perfect" a lien for materials ordered and delivered to a job, even if those materials were not incorporated into the work. Despite the lack of incorporation into the work, the Court found the materials were “furnished” to the project, as defined by the Texas Mechanic’s Lien Statute. In Addison Urban Dev. Partners, LLC v. Alan Ritchey Materials Co., LCC, a concrete contractor ordered concrete sand and rock gravel from s

On many job application forms employers ask prospective employees about their criminal histories. Often the prospective employees are required to check a box – either “yes” or “no.” While this type of question has traditionally been allowed (and still is allowed in Texas), employers should be aware of a nationwide trend of banning this question from initial job application forms. Several states, including California and Illinois, do not allow this question on their public emp