Construction projects rarely go according to plan; there are so many unpredictable factors that it’s impossible to create the perfect plan. There may be times when the owner wants to modify the project. This could change the scope of your work, the amount owed for the project, or the time needed to complete the project. This is where the change order comes into play. Let’s take a look at the basics of change orders in construction, and the common pitfalls contractors face.
You need to be aware if an indemnification clause exists in your contract. If it does, be mindful that workers’ compensation may not be the end of your liability for the incident or injury that occurred.
In our previous blogs, we have talked about how your responsibility and liability concerning an accident or injury can be based on the terms and clauses in your subcontract or prime contract. But, it’s important to note that your contract isn’t the only thing you need to be aware of. Sometimes your responsibilities or potential liability is governed by laws outside of your contract. In this blog, we’ll discuss safety statutes outside your contract that you need to be aware of.
It is vital to your business to build worker safety into your contracts as well as your business’s best practices. Even if you believe your trade does not have any hazardous aspects, someone operating around you may have specific hazards you need to be aware of.
You can plan and prepare for your company’s response and liability when an accident occurs. That is why it is so essential to understand your responsibility before an accident happens and be able to protect yourself from potential accidents through your construction contracts.
Arbitration is a dispute resolution process that is the most similar to the traditional litigation process held in our Texas Court System. In arbitration, parties pay a fee to have a case heard by an impartial third party, who has full authority to make a final and binding decision regarding the dispute.
Litigation is a dispute resolution process in which parties seek a resolution to be determined by a trier of fact, i.e., a judge or a jury. Parties enter the litigation process by filing a petition in a court of competent jurisdiction, which means you will file the petition in the court that best applies to the matter of the dispute.
Mediation is a dispute resolution system designed to assist parties in amicably settling the underlying dispute. This process can be entered into by parties in conflict both before and during the litigation process. In fact, mediation has been so successful in assisting parties with mutually settling disputes that most courts require the completion of mediation prior to going into trial.
First off, what do we mean by dispute resolution? Dispute resolution is a term that refers to a number of processes that can be used to resolve a conflict, dispute, or claim between parties, including litigation, mediation, arbitration, and negotiation, or informal dispute resolution. Problems and differences in construction and business are going to happen; it’s how you handle them and how you protect yourself on the front end that can make a world of difference!
When thinking about payment and a construction contract, most subcontractors will likely only focus on the payment section of the subcontract. But did you know that there are other sections of the subcontract agreement that can significantly affect your ability to...
The Cromeens Law Firm is here to help you with any questions you may have about your business during the Coronavirus crisis. During this Coronavirus crisis, many of us, as well as our country’s leaders and medical professionals, have more questions than answers, and...
Have you ever not received payment after completing the work? Unfortunately, the answer for many of you is probably yes. The good thing is, in Texas, there are laws that are meant to protect you and allow you to collect payment on jobs you have completed. For a subcontractor to collect and combat not receiving payment after the work has already been completed, the subcontractor needs to follow the steps in the Texas Prompt Payment Act.