Construction Blog

If you build, own, or manage projects in Texas, your indemnity clause is no longer “boilerplate.” A recent Texas Supreme Court decision changes how settlements and risk-sharing work between project players, and it puts a premium on clear drafting so the risk you think you shifted actually sticks.

The Big Picture

In S&B Engineers & Constructors, Ltd. v. Scallon Controls, Inc., the Texas Supreme Court held that a party who settles injury claims can still go after a non-settling party for its fair share if the contract includes a comparative indemnity clause tying payment to that ...