Scope of Work Gone Wrong: The Ramifications
As anyone in the construction industry knows, a construction project never goes according to plan. Unfortunately, there are just too many things that can go wrong. Between weather delays, change orders, and, inevitably, lawsuits, there will always be something that goes awry. Owners or general contractors who provide a scope of work to subcontractors must ensure they provide the most accurate list of work possible.
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.
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 […]
Pay When Paid vs Pay If Paid
Contingent Payment Clauses for the Subcontractor Imagine that you have signed a contract with a new general contractor. You have worked diligently to complete the work under contract and have complied with all of the contract requirements for your scope of work. After finishing the work, you have submitted your pay application/invoice to the general […]
Restrictive Covenants, What are they? -Kelly Stamy
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 customers after the worker ceases to work with the business. Texas will enforce a restrictive covenant […]
Residential Construction Liability Act, Part 2
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.
Residential Construction Liability Act, Part 1
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 under the Residential Construction Liability Act, or RCLA, and […]
How to Remove a Lien on Your Home
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 Bond Claim: Public vs. Privately Owned Property Rules
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.
After the Flood – Legal Issues for Homeowners and Builders to Consider
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 property. In an effort to find alternative forms of compensation, some homeowners have attempted to […]