Force Majeure in the Era of COVID-19

A Cokinos|Young Informational Update Following up on our recent bulletin focusing on force majeure and project delay, which may be found at https://www.cokinoslaw.com/covid-19-and-force-majuere/, this update provides more specific information regarding the treatment of force majeure clauses in Texas. Handling of these issues may vary in other jurisdictions, but most concepts...

The Best Defense is a Good Offense – Protect Yourself from COVID-Related Lawsuits

The Institute for Health Metrics and Evaluation (“IHME”) predicts that COVID-19 infections and hospitalizations will peak in Texas on April 29, 2020.  Cities[1] and counties such as Harris County, Bexar County, Travis County, and Dallas County are monitoring construction sites and increasing job site safety mandates and plaintiff lawyers are...

The Impact of Coronavirus on Mechanic’s Lien Claims

Practical Guidance for Protecting Your Right to Payment in Times of Uncertainty I. Introduction As the construction industry, along with everyone else in the commercial sector, continues to grapple with the rapid spread of the novel coronavirus (“COVID-19”) throughout the United States, immediate concerns involve delayed performance, unavailability of materials...

Testing the Boundaries of Business Insurance: COVID-19 Risks

Most businesses will suffer losses due to COVID-19 exposure and efforts to contain it. Most businesses are suffering losses already. Likewise, most businesses maintain business insurance to spread their risks. The unique risks posed by the coronavirus will undoubtedly challenge the ability of business insureds, including those in the construction...

The Impact of Coronavirus and How To Prepare

Already causing havoc in China, the threatened global pandemic of the coronavirus will likely cause disruptions of supply chains and other businesses involving trade, manufacturing, retail, and financial services. These are likely to affect construction in progress, or about to be in progress. And the effects at one level of...

2020 Release of “The Texas Anti-Indemnity Act: Restrictions on Indemnity in Texas”

The Insurance/Risk Management Insurance Group of Cokinos Young has released a 2020 revision of its white paper, “The Texas Anti-Indemnity Act: Restrictions on Indemnity in Texas.” This publication has been updated several times since the enactment of the Texas Anti-Indemnity Act on January 1, 2012. It contains updated discussions of...

Western District of Texas Requires Insurer to Defend General Contractor in Sports Complex Construction Defect Suit Despite “Breach of Contract Exclusion” Endorsement

Cokinos | Young recently received a favorable summary judgment ruling from a Texas federal judge for its general contractor client in a coverage action initiated by the client’s liability insurer, Mt. Hawley Insurance Company. The judge ordered Mt. Hawley to provide a defense for the underlying claims related to alleged...

Central Texas Mandatory Paid Sick Leave Update

San Antonio Adopts Mandatory Paid Sick Leave Ordinance Austin Paid Sick Leave Ordinance Stayed By Court Of Appeals The status of mandatory paid sick leave in the region had two major developments within two days.  These developments create more uncertainty, and potentially a greater burden on companies with employees in...

Austin Paid Sick Leave Ordinance – Lawsuit Update

Several motions in the lawsuit challenging the Austin Paid Sick Leave Ordinance were heard in Travis County District Court, including the motion for a temporary injunction and Defendants’ motions to dismiss the case.  The court’s June 26, 2018, denial of the temporary injunction seeking to block the Ordinance produces an...

Texas Supreme Court: Employees are “Unemployed” While on Unpaid Leave

On May 25, 2018, the Texas Supreme Court held that an individual taking unpaid leave under the Family & Medical Leave Act qualifies as “unemployed” for purposes of the Texas Unemployment Compensation Act.  This expansive definition of “unemployed” potentially allows individuals on unpaid leave to obtain unemployment benefits – even...