Texas 2009 - 81st Regular

Texas House Bill HB3913

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to resolution of disputes arising under certain construction contracts.

Impact

One notable aspect of HB 3913 is its specification that it does not apply to contracts for residential construction that involves four or fewer dwelling units, nor to certain contracts entered into by school districts. This delineation suggests a targeted approach towards larger and more complex construction projects, which are likely to benefit from systematic and structured resolution methods through the dispute boards. The bill's provisions also require that public work contracts contain statements regarding the consideration of dispute resolution processes stipulated in the bill.

Overall

The bill's focus on creating a formalized system for dispute resolution in the construction sector reflects broader goals of improving efficiency and reducing delays caused by conflicts. As construction projects often entail substantial investments and complex logistical challenges, having a structured process to handle disagreements could foster a more collaborative environment. However, scrutiny will need to ensure that this framework adequately balances the interests of all parties involved while providing robust accountability for board members.

Summary

House Bill 3913 is focused on the resolution of disputes arising under certain construction contracts. The bill introduces a new chapter in the Civil Practice and Remedies Code, which establishes protocols and guidelines for the creation and operation of dispute boards in the context of construction projects with a value of at least $1 million. These boards serve as intermediary bodies designed to facilitate dispute resolution between contractors and property owners or governmental entities, aiming to ensure that issues are addressed efficiently and effectively during the life of a construction project.

Contention

A central point of contention regarding this bill may arise around the notion of board composition and the independence of members. It mandates that board members come from specific professional backgrounds and have relevant experience, yet there may be concerns about potential biases or conflicts of interest. Furthermore, the extent to which decisions of the dispute boards can be appealed or contested in court could evoke debate, particularly regarding the rights of contractors and owners in dispute resolution.

Companion Bills

No companion bills found.

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