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Contract Drafting and Administration After James v. Westlake

Day 2

Breakout Session 2

2:20 PM

Foxtail Room

1 Hour DBIA Credit & 1 AIA LU

James v. Westlake: What contract terms must be performed exactly as drafted? In 2022, the Texas Supreme Court addressed competing arguments regarding strict vs. not so strict compliance with contract terms – particularly written notice provisions. While lawyers live in ambiguity, it turns out that words on paper matter and have significant impact on how business is done – and disputes are avoided – in the construction industry. This presentation will explain the case, its impact on Texas construction contracts, and offer suggestions for better contract drafting and administration.

Learning Objectives:

Attendees will:

  1. Analyze the impact of the James v. Westlake case on Texas construction contracts and how it has changed the way strict vs. substantial compliance with contract terms is viewed, and how it affects contract interpretation, administration, and disputes.

  2. Develop a deep understanding of the principles of strict and substantial compliance, and how they apply to written notice provisions, as illustrated by the James v. Westlake case, and how they affect the construction industry.

  3. Compare and contrast different approaches to contract drafting and administration, and evaluate their effectiveness in mitigating risks and avoiding disputes in the construction industry, with a focus on the lessons learned from the James v. Westlake case.

  4. Apply the insights gained from the presentation to develop strategies for effective contract drafting, administration, and dispute resolution, with a focus on achieving clarity and enforceability of contract terms, while balancing risks and rewards for all parties involved in construction projects.

This Session is Sponsored By:


Apr 20, 2023, 11:00 AM CDT
The Westin Dallas Stonebriar Golf Resort
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