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Andrews Myers June 2016 Law Alert; Welcome Andy Harris

AM MONTHLY LAW ALERT
JUNE 2016


POST ACCIDENT DRUG TESTING MAY VIOLATE NEW OSHA RULE
By Tony Stergio

On May 12th, OSHA published its final rule on reporting workplace illness and injury.  The Rule, effective August 10, 2016, provides that employers must establish a reasonable procedure for reporting workplace injuries.  The Rule further states that an established reporting procedure is not reasonable, and thus subject to an OSHA citation, if it would deter a reasonable employee from reporting an injury.  Read more... 


DISRUPTION CLAIMS: COURT WEIGHS IN ON SCOPE OF COUNTY IMMUNITY
By Billy Davis


A recent Court of Appeals’ opinion has the potential to negate the ability of counties in the State of Texas to avoid responsibility (via an assertion of immunity) for claims brought by contractors whose performance under a contract was disrupted due to actions of the county.  Additionally, the opinion should have a similar impact on disruption claims brought against local governmental entities (municipalities, school districts, special-purposed districts, etc.).   Read more... 


ONE MILLION DOLLARS OR ($1,000,000,000)
By Scott McKaig


Many parties are familiar with seeing an amount of a loan, the price of a contract, etc., shown as a figure in addition to typewritten words, such as “Ten Thousand Dollars ($10,000),” but what happens when those terms do not match?  In Charles R. Tips Family Trust v. PB Commercial LLC, 459 S.W.3d 147 (Tex. App. 2015), the Court recently had to interpret a loan amount shown on the document as “ONE MILLION SEVEN THOUSAND AND NO/100 ($1,700,000.00) DOLLARS.” As you can see, the difference between seven thousand dollars and seven hundred thousand dollars is quite significant.  Read more...


TEXAS SUPREME COURT RESTRICTS GC INDEMNITY RIGHTS FOR PRODUCTS LIABILITY CLAIMS
By Katy Gray


On June 17, 2016, The Supreme Court of Texas issued an opinion in CenterPoint Builders GP, LLC and CenterPoint Builders, Ltd. v. Trussway, Ltd., restricting the ability for a general contractor to receive indemnity under Chapter 82 of the Texas Civil Practice & Remedies Code (“CPRC 82”) in products liability cases. The decision focuses on whether or not a general contractor constitutes a “seller” as a “person who engages in the business of distributing or otherwise placing…a product” into the stream of commerce.   Read more...


UNDERSTANDING THE TXDOT SANCTION PROCESS
By Carson Fisk


Contractors working on projects with the Texas Department of Transportation (TxDOT) should be familiar with and understand the sanction process. While perhaps relatively rare, the issuance of sanctions by TxDOT’s Executive Director is a serious event, and sanctions can range from relatively minor to crippling. Once issued, a contractor’s opportunities to seek relief are largely administrative in nature, and require a thoughtful approach.  Read more...

R. Carson Fisk Recently Admitted to Practice Law in Oklahoma

Congratulations to Carson Fisk on his recent admission to practice law in the State of Oklahoma and before the Oklahoma Supreme Court and all inferior courts of the State of Oklahoma.


ANDREWS MYERS WELCOMES NEW ASSOCIATE TO AUSTIN

Andrews Myers is pleased to announce the addition of Andrew “Andy” Harris as an Associate in our Austin office. 
 
Andy’s practice focuses on advocating for general contractors, subcontractors, suppliers and owners on a variety of construction related issues including litigation, contract negotiations, and alternative dispute resolution.  He also has experience in commercial real estate, both transactional and litigation, representing owners, multifamily developers and management firms in landlord/tenant disputes, lease enforcements, collections and foreclosures. 
 
A first-chair trial lawyer, Andy’s legal acumen is complemented by previous field experience with a general contractor, where he managed numerous projects throughout the Midwest and Texas.
 
A graduate of Stetson University College of Law, Andy is a member of both the Texas and Florida State Bar associations.  He is also the co-founder and a current board member of RBI Austin, a 501(c)(3) which supports nearly 800 at-risk children and teens in East Austin athletically, academically and spiritually.

Andy Harris can be reached at 512-900-3084 and aharris@andrewsmyers.com.

Welcome Andy!

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