Don’t Wait, Innovate!
If it ain’t broke, don’t fix it. That’s the saying, right? When it comes to innovation, we tend to take a needs approach. I know I do. We’ll leavesomething until we absolutely need to fix it. I get it. It’s easier just to keep getting on, but weneed to look at needs in a broader […]
Chapter 1: The Bid
Chapter 1 The Bid “I did not agree to do the electrical work. I never agree to do the electrical work.” That’s what Josh from Super Door Subcontractor told me after the general contractor on his community college project had sent him a notice of default letter. The letter demanded that he return to the […]
Indemnification in Construction Contracts
I think a lot of contractors are afraid of indemnification provisions because they do not know what they mean and how they are supposed to work. The general idea behind indemnification in construction contracts is that you are responsible for any damage you cause and any injuries to your subcontractors or employees. This basic idea makes sense […]
Beware of Bogus Construction Back Charges
Recently, I have had several cases where my clients were being assessed large back charges on commercial projects. Only to find out, after a little digging, the evidence relating to the back charge claims was bogus. What is a Back Charge in Construction? A back charge involves withholding or deducting money from a contractor or subcontractor’s […]
What Happens If I am Terminated?
Termination happens when you are fired from a project; this is not to be confused with a default; you are in default under the terms of a contract when you fail to do something required by it. For example, if your contract requires turning in daily reports and fail to do so, you are in default […]
Can I Stop Working If I Have Not Been Paid as a Contractor in Texas?
“Can I stop working if I have not been paid?” This is a question my clients ask very frequently, and my very “lawyerly” response is, it depends. Most people think it’s a given if they have not been paid, they can stop working. However, you may be in breach of the contract if you stop […]
How To File A Contractor Lien In Texas
I have studied the procedures for filing liens in all states, and I must say that Texas has some of the most complicated rules. That is where the learning curve for understanding how to file a contractor lien in Texas arises. It is astonishing to me that there are so many different ways to achieve […]
End of Year Review
Before we start setting goals for 2024 it’s important to review how 2023 went. The first thing to look at is the goals you set for 2023; did you meet them? If yes, can you go bigger next year; if not, why? Reviewing Our 2023 Goals As a construction law firm, one of our big […]
What is a Mechanics and Materialman’s Lien?
Also sometimes referred to as a Construction Lien The idea that people who build things need to get paid for the work they do is as old the USA. Back in the day construction workers were called mechanics and around the time when our capital building was being built, they were a little nervous about […]