Bonds to Indemnify Against Liens
This process relieves the property and the property owner of the lien claim while the dispute is litigated. Let’s talk about bonds to indemnify against liens.
The Perfection of Bond Claims—Texas Public Projects
Before a claimant can assert a claim or action on the bond, it must perfect its bond claim.
Navigating the Complex and Confusing Lien Waivers Process
Are you overwhelmed and confused by the complex lien waiver rules and requirements in the State of Texas? If you answered yes, you are not alone! In this article, we’ll help you with navigating the complex and confusing lien waivers process. What is a lien waiver? Why do you need a lien waiver? Lien waivers […]
Collections Gone Wrong by Courtney Stricklen
A party can run into problems collecting what they’re owed both before and after litigation. If the reader does not properly secure his interest prior to filing suit, he risks not being able to fully recover his damages. If the reader obtains a judgment against a party, but fails to timely execute on the judgment, […]
Domestication and Collection of a Foreign Judgment in Texas
Texas law provides different methods to collect on a court judgment regardless of whether the judgment originates from the state of Texas or another state. If you happen to have won a judgment outside of Texas, there are certain steps you have to take before you can enforce that judgment here. The full faith and […]
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 […]
Storms are here, Contractors. How to protect Insurance Funds owed to you.
Inclement weather and natural disaster creates a plethora of business opportunities for contractors in the State of Texas. After property has sustained damage as a result of water, inclement weather or natural disaster, many property owners seek reimbursement for the cost of repair from the property insurance carriers. There are many avenues for contractors in […]
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 […]
Why Liens Work Part 2
How does one perfect a lien? The most important aspect of perfecting a lien is giving timely notice to the relevant parties in the action. Texas law has strict rules regarding notice, in order to ensure that anyone who may be vulnerable to a lien claim is given sufficient time and opportunity to minimize their […]
Why Liens Work
Have you ever wondered why liens work? Mechanic’s and Materialmen’s Liens originated in the U.S. by statue. The first lien law was passed in the state of Maryland, in 1791, in order to enable the “master builders to secure a lien on houses erected and land occupied.” Other states eventually followed suit by enacting laws […]