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 […]
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.
One of the best tools to limit or avoid personal liability associated with running your business in Texas is to set up a corporation, limited liability company, or a similar entity. However, many business owners set up their business entity, open a bank account, and go about their “business as usual” without timely filing the required business franchise tax reports with the State of Texas.
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 […]
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 […]
As a business owner, you have most likely encountered customers/clients who have failed to pay for products, labor, and/or services that you provided for their benefit. You may have also experienced the difficulties involved in collecting those outstanding debts yourself. The insecurity caused by not knowing the collection measures you are legally allowed to utilize […]
In the face of an unstable economy, those in the construction industry must understand the implications of an owner, general contractor, or subcontractor filing for bankruptcy and take the appropriate action to ensure a significantly reduced risk. The first step in protecting your interests is to obtain general knowledge of a creditor’s rights and remedies […]
If you have received a notice that an EEOC (Equal Employment Opportunity Commission) Charge of Discrimination has been filed against your company by either a current or former employee, the following are tips on dealing with a Charge of Discrimination. 1. Don’t Panic. Although it’s called a “Charge of Discrimination,” the initial notification that a claim of […]
Construction industry professionals may or may not be aware that there is currently a bill pending in committee in the Texas House of Representatives that would completely overhaul the mechanic’s and material man’s lien process in Texas. Those who are aware may be asking themselves and their colleagues whether they should give this bill their […]
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