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 […]
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 property. In an effort to find alternative forms of compensation, some homeowners have attempted to […]
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 upfront. However, it is not too late […]
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.
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