There are numerous disadvantages to this approach, particularly because it provides incentives to pursue litigation without a full evaluation of the risk involved, the magnitude of losses on the project, and the likelihood of success. Veteran litigators and their clients may know that the old rules in Texas made it possible to adapt a “sue first and figure it out later” approach, allowing parties to file their suit as soon as a dispute developed but before the full facts giving rise to a claim were known. This post focuses on how the new rules, particularly the new disclosure requirements set forth in Rule 194, affect delay and disruption claims in construction cases. Our litigation team has a helpful review of several of the most significant changes available here.
Any lawsuit filed in Texas state courts on or after Januare now subject to the newly-amended Texas Rules of Civil Procedure.