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 […]

Performing Work for Hurricane Harvey Claims

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 […]

What To Do When Your Newly Built Home Has Defects

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.

Payment of Construction Subcontractors – Chapter 56 of the Texas Business & Commerce Code

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.