Tuesday, March 16, 2021
Since the Texas Supreme Court’s 2012 decision in
El Paso Field Services, L.P. v. MasTec North America, contractors may be held liable for design defects even if the designs, plans, or specifications were provided by the owner or the owner’s design professional. Texas lawmakers are trying to change this outcome.
Senator Bryan Hughes (R-Mineola) and Representative Jeff Leach (R-Plano) have introduced companion legislation for Texas’s 87th legislative session, intended to bring Texas back in line with the vast majority of jurisdictions on the issue of risk allocation for design defects. SB 219 and HB 1418 would apply prospectively to shift responsibility for defective plans, specifications, or other design documents to the design professional who prepared the documents as opposed to the contractor who relies upon their accuracy.