Issues can arize when you realize that you had a picture of the Mona Lisa in your head while the homeowner was picturing a Picasso. Both are fantastic pieces of art but are incredibly different. If you move forward with the project without clarifying your understanding of what is expected, there will be problems.
Knowing what a homeowner can sue you for is the first step in preventing or mitigating their potential interference with your productivity and payment. Thanks to the Residential Construction Liability Act (RCLA) in Texas, there are only a few things a homeowner can come after you for.
Texas residential contractors are protected by legislation that safeguards your rights on residential projects. That legislation is most commonly referred to as the Residential Construction Liability Act. Thanks to the RCLA, homeowners can only sue after allowing the residential contractor the opportunity to fix what the homeowner said was wrong.
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.
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.
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 […]
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 […]
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 […]
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 under the Residential Construction Liability Act, or RCLA, and […]
