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OK, unraveling may be too strong a term, but there is a lot of mystery surrounding the concepts of indemnity and defense. What are they and why should you care? You should care because they are in almost all commercial construction contracts and because generally the indemnity and defense obligations flow downstream from the Owner to the General to the subcontractor and beyond. For instance, the window contractor fails to properly install the window and rain leaks inside the building and dama …

By Karen Ensley, Board-Certified Construction Law Attorney Do  Match performance appraisals and performance plans to measurable objectives. Develop performance goals in an objective way so you can make meaningful assessments of performance. Align the results of the performance appraisal with other anticipated personnel decisions. It sends mixed messages if managers give employees poor performance appraisals and then reward employees with a promotion or raise. Make the perfo …

Should Your Company Have a Social Media Policy? The world of today is lived largely on social media. Millennials, Gen Z, Gen Alpha, and some who are just very social and want an easy way to stay in touch with others can be found frequently posting their thoughts and experiences on social media. Companies that would never have considered social media as a platform for reaching potential customers five years ago now have Facebook pages, Twitter accounts, YouTube channels, and posts anywhere else …

Pay if Pay Contract Provisions in Texas. Are they Enforceable?While doing a mini lien and bond presentation last week at NAWIC Fort Worth (a great group of ladies and a great organization) I was asked whether pay-if-pay provisions are illegal in Texas. The question sparked some lively conversation so, for those that may have that same question, here’s a bit of background and the answer: A pay-if-pay provision is a contract term whereby a party can shift the risk of owner (or upstream) non-paymen …

The Immigration Reform and Control Act of 1986 and how it affects your construction company. Happy 2021!  It’s the start of a new year and a good time to re-visit your company’s I-9 compliance. The Immigration Reform and Control Act of 1986 requires that all employers complete a Form I-9 for all employees hired after Nov 6, 1986.  The U.S. Department of Homeland Security oversees all immigration and customs efforts through Immigration and Customer Enforcement and the U.S. Citiz …