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United States: New Texas Law – Posting of Certain Commercial Building Construction Site Information Required

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A number of new laws were passed in Texas during the last legislative session that impact the construction industry, including changes to mechanics’ lien laws and the law allowing for the recovery of mechanics’ fees. lawyer in certain civil cases.

There is also a new status (Texas Business and Commerce Code Chapter 59) to ensure that a contractor is not liable for the consequences of design defects in plans and specifications provided by anyone other than the contractor’s agents, contractors, manufacturers, suppliers or consultants. These were discussed in detail at the 35th Annual Construction Law Conference which I recently attended, along with several other KRCL attorneys.

Additionally, a new, more obscure status was mentioned at the conference – Texas Business and Commerce Code Chapter 116. Chapter 116 applies to commercial construction projects in Texas and requires the project developer to conspicuously post the following information at the entrance to the construction site: (1) the developer’s name and contact information; and (2) a brief description of the project. It applies to commercial construction projects, including multi-family buildings.

The bill’s proponent said the intent of the law is to facilitate transparency between developers and neighboring landowners by requiring developers to share their name, contact information and a brief description of a project on the construction site, as voters often want to communicate with developers. on local concerns, safety, traffic, noise or air pollution. As to what constitutes “a brief description of the project”, there is no form or template for the required posting that has been published, and there is not much detail or guidance in the law or its legislative history.

However, the city of El Paso has a similar project description requirement for its permit application process. When El Paso asks for “a brief description of the project”, it provides the following example: “Four-story mixed-use building with retail on the first floor and residential units on the upper floors”. This should be a sufficient project description for the purposes of the new law, but the local authority having jurisdiction may have its own ideas about the level of detail required.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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