The Texas Supreme Court has issued an order adopting legal specialization standards for construction law. The order became effective January 1, 2016. In addition to examination requirements, applicants must demonstrate substantial involvement and special competence in Texas construction law practice and provide references.
The order defines construction law as “the practice of law dealing with the transactions and relationships among contractors, subcontractors, suppliers, owners, architects, engineers, governmental entities, insurers, sureties and lenders regarding development, design and construction on public and private projects. It includes, by way of definition, not limitation:
- knowledge of construction-related law, including applicable statutes and common law principles and doctrines;
- drafting, negotiation, and operation of construction-related contract documents and provisions, including the active management and oversight of such transactional matters;
- knowledge of procurement and project delivery systems;
- construction lending, insurance and suretyship;
- construction claim development and presentation, including, but not limited to, the analysis of mechanic’s lien claims, payment and performance bond claims, construction and design defect claims, contract claims, delay and special damages claims, construction specific statutory claims (e.g. Prompt Pay Act, Trust Fund Act), construction accident, injury and OSHA claims, administrative claims, private labor and wage claims (related to construction), judgment collection and enforcement, tort claims arising from design and construction activities, and equitable claims arising from design and construction activities; and
- construction dispute resolution through negotiation, litigation, arbitration, administrative hearings, mediation and other forms of dispute resolution, including the active management and oversight of such dispute-related matters.”
In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more involved and complex discussions.