The Texas Tenth Court of Appeals (Waco) reversed and remanded a trial court’s order denying a general contractor’s motion to compel arbitration. The appellate court unanimously agreed that the general contractor did not waive its right to arbitrate by sending a pre-suit demand requesting a subcontractor withdraw its statutory lien and bond claims.
The Texas Board of Legal Specialization awarded board certification upon Paul Sanderford. Sanderford & Carroll, P.C. is proud to be the only Texas firm outside of the major metropolitan areas of Houston, Dallas, Fort Worth, San Antonio and Austin to be home to three Board Certified construction attorneys.
On February 15, 2017, the directors of the Texas Board of Legal Specialization appointed Brian Carroll to the Construction Law Exam Commission. Mr. Carroll’s term will last until January 2020.
Sanderford & Carroll, P.C. is proud to share that Super Lawyers has recognized shareholder Brian Carroll as a 2015 “Rising Star in Construction Litigation.” This is a noteworthy achievement as only 2.5% of all attorneys nationwide are recognized as a Rising Star. Super Lawyers is a rating service published by Thompson-Reuters identifying those who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.
The American Subcontractor Association’s Attorneys Council elected Brian K. Carroll to serve as the council’s National Chairman for 2015-2016. The council is comprised of construction lawyers from across the United States whose practices include representation of subcontractors and specialty contractors.
Paul Sanderford served as the featured speaker at the Construction Financial Management Association, Austin – Central Texas Chapter March 2014 meeting. Mr. Sanderford’s presentation, “Subcontract Clauses: The Best of Both Worlds” covered important topics including liquidated damages, venue selection, change orders, dispute resolution and the standard of care. He provided practical advise for negotiating balanced subcontracts that fairly allocate risk to both the general contractor and subcontractor.
Paul Sanderford served on a select panel of noted Insurance and Construction attorneys at the Insurance Law Section meeting on June 26 during the Annual State Bar of Texas Convention. The panel presented a variety of topics concerning the intersection of commercial insurance issues in complex construction litigation cases.
March 2014 – The Texas Sixth Court of Appeals (Texarkana) reversed and remanded a no-answer default judgment granted by a District Court in Tyler, Texas against a general contractor. The appellate court unanimously agreed that the subcontractor claimant failed to exercise reasonable diligence in serving the lawsuit upon the general contractor’s registered agent before resorting to substitute service upon the Texas Secretary of State.
In June 2013, Calvin Cowan served as the featured speaker for the Construction Financial Management Association. His presentation covered several forms of indemnity, scenarios involving indemnity, how the Anti-Indemnity Act affected construction contract and what exceptions and exclusions exist. He also shared strategies and considerations for negotiating and drafting indemnity clauses.
On May 6, 2021, won a take nothing judgment for a general contractor against an owner. The owner sued the contractor for breach of contract alleging incomplete work. The contractor defended arguing that the disputed work was outside the scope of the parties’ agreement. The court denied 100% of the money damages sought and all other claims.