Business Debt Collections: How an Attorney Can Help You
As a business owner, you have most likely encountered customers/clients who have failed to pay for products, labor, and/or services that you provided for their benefit. You may have also experienced the difficulties involved in collecting those outstanding debts yourself. The insecurity caused by not knowing the collection measures you are legally allowed to utilize […]
Bankruptcy Basics: Construction Projects Edition
In the face of an unstable economy, those in the construction industry must understand the implications of an owner, general contractor, or subcontractor filing for bankruptcy and take the appropriate action to ensure a significantly reduced risk. The first step in protecting your interests is to obtain general knowledge of a creditor’s rights and remedies […]
Dealing With an EEOC Charge of Discrimination
If you have received a notice that an EEOC (Equal Employment Opportunity Commission) Charge of Discrimination has been filed against your company by either a current or former employee, the following are tips on dealing with a Charge of Discrimination. 1. Don’t Panic. Although it’s called a “Charge of Discrimination,” the initial notification that a claim of […]
Everything You Need to Know About 85(R) HB 3065
Construction industry professionals may or may not be aware that there is currently a bill pending in committee in the Texas House of Representatives that would completely overhaul the mechanic’s and material man’s lien process in Texas. Those who are aware may be asking themselves and their colleagues whether they should give this bill their […]
Five Questions You Should Ask About a Construction Contract
In this article, we cover five questions contractors and subcontractors should ask before entering into a construction contract.
Tips On Improving Your Attorney-Client Relationship
As in most relationships, an attorney-client relationship is a two-way street. Without effective communication and mutual respect, most relationships will fail. The same is true when it comes to your relationship with your attorney. Your attorney-client relationship is an important partnership, which seeks to maximize the outcome in your favor.
What To Do When Your Newly Built Home Has Defects
The task of building or majorly renovating your dream home comes with both rewards and headaches. A common headache is seeing your home built with defective design and construction issues that your contractor refuses to fix.
5 Questions to Help You Understand the Basics of Mechanic’s Liens
Mechanic’s liens exist to protect the rights of construction professionals and to help ensure they are properly compensated for work or materials they have provided. While the purpose liens serve is beneficial, maneuvering through the process in Texas can be complicated and tricky.
Payment of Construction Subcontractors – Chapter 56 of the Texas Business & Commerce Code
A “Pay-when-Paid” clause is not covered under Chapter 56, as Chapter 56 “does not affect provisions that affect the timing of a payment…if the payment is to be made within a reasonable period.” It merely creates a future event as a convenient time for payment; but still requires the general contractor to pay the subcontractor. In other words, in most cases a “Pay-when-Paid” clause is enforceable.
Jury Trials
Generally, civil attorneys work long hours and even weekends, but come December, the entire civil justice system essentially shuts down. That is, all except for our office where we have been asked to show up through Christmas Eve. I bring up the subject only to point out that I am at the office with rare “free” time. Instead of reading dry CLE handouts, I’ve downloaded a copy of “The Common Law” by Oliver Wendell Holmes, Jr. As with any book worth reading, I found it difficult to get through even the first chapter without stopping to ponder the passages I find particularly relevant. In the first lecture of the book, Holmes begins by discussing the origins of law, couched in vengeance and a need to remedy injury inflicted by intentional acts.