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| Payment Plans in a Pandemic |
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by Brittany Cooperrider As the economic effects of the coronavirus pandemic continue, many contractors are looking for different and creative ways to resolve disputes. Regardless of whether the dispute relates to ongoing litigation or a current project, parties are increasingly including payment plans in settlement proposals. Payment plans can be a pragmatic way to resolve a dispute, especially when so many contractors are suffering from short-term cash flow issues.
However, there are a number of important factors to consider when evaluating whether to accept a payment plan:
- When the statute of limitations on your claim against the payor may run out if you have not already initiated a lawsuit or arbitration. It is important to be aware of the date by which your company has to assert its claims when considering a long-term payment plan. Depending on the length of the payment period, the best practice may be to enter into a tolling agreement with the payor to extend the statute of limitations.
- The interest and carry costs for which your company may be responsible. Your company may consider adding an additional amount to the principal balance owed by the payor to cover interest and attorneys’ fees, particularly for payment plans over an extended period of time ... Read more
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| Industry Experts on the State of CRE |
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by Matt Cire On June 11, 2020, Andrews Myers, PC was an event sponsor of the Houston Business Journal’s The State of Commercial Real Estate webinar event, where local industry experts provided their insight into market trends and the pandemic’s impact to the commercial real estate industry.
The distinguished panel featured Ric Campo, Chairman and CEO of Camden Property Trust; Pat Duffy, President of Colliers International (Houston); Brian Malarkey, Executive VP and Director of Architecture at Kirksey Architecture; and Janice Walker, Senior Managing Director of Fund Management, COO of Hines Global Income Trust, and President of HMS Income Fund, Inc. and Hines Realty Income Fund.
With the ever-evolving nature of the pandemic, and the unprecedented effect it has had on nearly every industry worldwide, each member of the panel provided an insightful look into the real-time changes they are witnessing in their respective industries, and what the future has in store once we have weathered the storm. They touched upon many topics that could be interesting to Andrews Myers clients and friends. Included in the discission were some take-ways such as ...Read more |
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| AM Recognized in National Top 50 Law Firm Rankings |
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| Andrews Myers has been recognized in the Top 10 construction law firms among Construction Executive’s The Top 50 Construction Law Firms™, released in the magazine on June 22nd. Andrews Myers ranked ninth on the list of the 50 most influential firms practicing construction law in the country, and is one of the few full-service business law firms that made the list. |
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In addition, Andrews Myers is the ONLY Texas-based law firm in the top 25 ranked firms. In the same issue, Ben Westcott shares his insights on having an effective crisis management plan and lessons learned during this COVID-19 pandemic.
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| Workplace Plans for Employee Reporting |
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by Elaine Howard As more businesses reopen their offices and work sites, more employers are experiencing employees reporting COVID-19 symptoms, positive diagnoses, or potential exposure to others with either symptoms or a positive diagnosis. It is important to have a written plan for handling the decision making process for several reasons. Employees, even in this day and age, do not always appreciate the importance of not reporting into work with COVID-19 symptoms, which are often mild and fairly common. Supervisors will field a lot of questions like: Should I come in if my wife has a cough? Should I go home if I get a headache during the day? Your employees, especially supervisors, need to be on the same page about the company’s expectations.
The written plan should focus on several steps to undertake: identify, isolate, investigate and inform.
Identify Employers should communicate with their employees the importance of not coming to work with symptoms, or after close contact with someone who now has symptoms, or a positive test result. The Centers for Disease Control (“CDC”) defines close contact as being within 6 feet of a person with symptoms, or a positive diagnosis, for more than 15 minutes or being exposed to infectious secretions, such as a sneeze or cough. Employers are entitled to ask their employees to self-identify any such symptoms or close contact, and a daily screening on arrival is recommended. This daily screening can take multiple forms, including temperature checks, reporting to a supervisor, signing a statement confirming the employee does not have symptoms, or exposure or all of the above. The Equal Employment Opportunity Commission has confirmed that employers are allowed to ask for this information without violating the Americans with Disabilities Act ... Read more |
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| The Enforceability of Forum Selection Clauses |
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by Kenton Andrews On June 12, the Texas Supreme Court issued an opinion in Anthony A. Rieder, et. al. v. Kenny Woods et al., that provided clear guidance whether forum selection clauses could be enforced against non-signatories to an agreement. This case illustrates measures that parties need to take to clarify the proper venue for specific disputes that may arise between themselves and possibly related – but non-signatories – to the agreement.
The facts in this case were somewhat convoluted by the fact that the dispute involved two separate agreements that were executed on the same day, bore some relationship to one another, but had conflicting forum selection clauses. The first agreement was a company agreement executed by three individual members that established the various membership rights of these members in a limited liability company. This agreement was silent on proper venue for any disputes between the members, but provided that it would be governed by Nevada law.
Later that same day, the limited liability company executed a separate service agreement with a Fort Worth based company that provided Tarrant County, Texas was the exclusive venue for any dispute arising out of the service agreement. This agreement was not executed by any individual member or officer of either of these companies ... Read more |
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| Governmental Entities Compelled to Arbitration |
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by Chris Scheurich Last month, the Texas Supreme Court issued an opinion that directly impacts contractors’ ability to timely arbitrate claims against governmental entities. These entities include cities, counties, MUDs, school districts, and other political subdivisions. Specifically, the Court ruled that local governments who have agreed to arbitration clauses may be forced into arbitration; however, the judiciary, not the arbitrator, retains the exclusive authority to decide whether a local government has waived its immunity.
In San Antonio River Authority v. Austin Bridge & Road, L.P. and Hayward Baker, Inc., the Texas Supreme Court held that an arbitrator does not have the power to decide whether a governmental entity has waived immunity. Instead, that power lies exclusively with the judiciary, regardless of the government’s consent to arbitration.
The River Authority contracted with Austin Bridge to perform certain repair work to the Medina Lake Dam. During the course of construction, the cost of the repairs exceeded the initial projections and disagreements arose regarding the scope of work and payment. ... Read More |
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Summer Associates came and went this month
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| During four weeks in June, the firm hosted our 2020 summer law clerks: Eli Janik (University of Houston Law Center), Katy Jo Richards (Baylor Kaw School), Jackie Riff (University of Houston Law Center), and Trevor Courtney (South Texas College of Law). |
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| We enjoyed getting to work with this talented group of law students, albeit outside of our normal standard operating procedure, and wish them well as they begin their 3L year. |
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Andrews Myers attorneys have been tracking and updating the many changes that could effect you and your business throughout the ongoing COVID-19 Pandemic. To see all of the articles and information you may have missed, please visit our dedicated COVID-19 page on the AndrewsMyers.com website. To subscribe to our newsletter, click here.
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| Celebrating 30 Years in 2020 |
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| Founded in 1990, with offices in Houston and Austin, Andrews Myers, Attorneys at Law, is a corporate law firm and recognized market leader in Texas construction law. The firm focuses on the concentrated disciplines of commercial litigation, construction, commercial real estate, corporate and business transactions, with additional emphasis on related issues including bankruptcy and insolvency, energy, employment and capital formation. A seasoned team of attorneys provides timely and cost-effective solutions to the most complex problems facing entrepreneurs and middle-market industry leaders throughout the state and the nation. For more information please visit www.andrewsmyers.com. |
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