Conceptos Básicos de la Clausula de Indemnización
Asegurarse de tomar las precauciones adecuadas de cambio-de-riesgo es un paso crucial en el proceso de construcción. Un mecanismo común utilizado en el esfuerzo de majejo de riesgos es una cláusula de indemnización; sin embargo, si no se redacta correctamente, tal disposición será inaplicable. Las cláusulas de indemnización (a veces denominadas cláusulas de retención inofensiva) […]
Construction Risk Management Basics
General Contractors, subcontractors, and project owners all need an effective risk management approach; it should be a priority for every project. Without a thorough review of the commercial general liability policy language, you may find yourself facing unanticipated exclusions from coverage.
Indemnification Clause Basics
Making sure you take adequate risk-shifting precautions is a crucial step in the construction process. A common mechanism used in the risk management endeavor is an indemnification clause. But if it’s not drafted properly, such a provision will be unenforceable. In this article, we’ll go over indemnification clause basics. Understanding Indemnity Indemnification clauses (sometimes referred […]
Workers’ Compensation: What Employers Need to Know
Texas is one of the few states that does not require employers to carry Workers’ Compensation insurance. As an employer, consider whether you have—or should have—Workers’ Compensation insurance or whether you are a “non-subscriber.” In this article, we’ll discuss workers’ compensation and what employers need to know.
Part 2 of the Top 10 Terms to Negotiate
The second set of contract terms that require your attention when you are reviewing the contract from your general contractor are the safety terms, bond terms, delay terms, dispute resolution terms, and lien waivers. A safety term in your contract can take many forms. Not only will you be required to comply with all OSHA […]
Five of the Top 10 Terms to Negotiate
Before you negotiate anything, the first thing you need to do is identify the contract documents. Typically, these include the project manual, the plans and specifications, and the terms and conditions. This information should direct you to the most important terms in your contract with the general contractor. These documents will help you determine if […]
Collections Gone Wrong by Courtney Stricklen
A party can run into problems collecting what they’re owed both before and after litigation. If the reader does not properly secure his interest prior to filing suit, he risks not being able to fully recover his damages. If the reader obtains a judgment against a party, but fails to timely execute on the judgment, […]
Domestication and Collection of a Foreign Judgment in Texas
Texas law provides different methods to collect on a court judgment regardless of whether the judgment originates from the state of Texas or another state. If you happen to have won a judgment outside of Texas, there are certain steps you have to take before you can enforce that judgment here. The full faith and […]
Pay When Paid vs Pay If Paid (Continued)
In our previous blog article, about we learned about the two types of contingent payment clauses, the pay when paid vs pay if paid clauses. In this blog article, we will discuss the ways to fight each type of clause if you should find that you have already executed a contract containing one of these […]
Storms are here, Contractors. How to protect Insurance Funds owed to you.
Inclement weather and natural disaster creates a plethora of business opportunities for contractors in the State of Texas. After property has sustained damage as a result of water, inclement weather or natural disaster, many property owners seek reimbursement for the cost of repair from the property insurance carriers. There are many avenues for contractors in […]