POTENTIAL TRAP OF RESTRICTIVE COVENANTS IN TEXAS A restrictive covenant in employment law is an agreement between a business and a worker (either a employee or independent contractor) restricting the worker from competing or soliciting the business's workers or...
In Residential Construction Liability, Part 1, we talked about how the construction laws of Texas define RCLA, what constitutes a construction defect, a business owner’s defenses against RCLA, and how the statute of limitations may affect a claim.While the RCLA is written to protect homeowners from unscrupulous construction practices, it also contains a fair share of provisions to protect responsible business owners.
What is the Residential Construction Liability Act (RCLA)? How Can It Reduce Your Damages? Remember the cul-de-sac house you finished last month, the one with the monster roof that took twice as long to lay out? Well, now the homeowner has filed a claim against you...
A subcontractor or supplier who has not been paid for work done on your home may try to get payment by filing a legal document called a “lien.” Your home cannot be sold until the claim is paid. Follow these three steps if you discover a lien has been filed.
Filing a claim against a bond may offer a subcontractor protection against both privately and publicly incurred debts. However, there are different rules for filing a bond claim on public property versus privately-owned property.
In the days following Hurricane Harvey, news agencies reported only about 80 percent of homeowners in the affected areas were covered by flood insurance.[1] As a result, uninsured flooded homeowners have sought other options to repair and replace their damaged...
Generally speaking, it is a good business practice to have all of the essential terms between the parties to be put into a written agreement before the work starts. But, in a situation such as the aftermath of a hurricane, that may not always be possible to do...
In this article, we cover five questions contractors and subcontractors should ask before entering into a construction contract.
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.
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.