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 […]
Default Judgment Filed Against You? Don’t Panic!
Your week was going great until you received notice that you have missed a court date, and now a default judgment has been filed against you. Maybe you never received the initial notice, or maybe you just plain forgot what day it was because of your hectic schedule. Doh! It’s okay. There are steps that can be taken to protect your assets and ensure the judgment rendered doesn’t take the shirt off your back.
M&M liens, Part II: Relationship status–complicated…but it doesn’t have to be
The mechanic’s and materialmen’s lien has enough rules in Texas for complicated to be an understatement. There are time constraints, backcharges, hidden penalties… Let’s see if we can sort out a little of this nonsense so you can get to the business of making money.
M&M Liens, Part I: When You Do the Work, You Should Get Paid
If you don’t know the ins and outs of a mechanic’s and materialmen’s lien you’ll burn your bottom line faster than you’d burn the tires on that souped-up hot rod that’s been sitting in your garage.
Filing a Lien & Getting the Property Description Right
When you file a lien on a property, Texas Property Code 53.054 requires you to include “a description legally sufficient for identification, of the property sought to be charged with the lien.” But what does “legally sufficient for identification” really mean? Texas law has a history of leniency when it comes to validating property descriptions […]