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...
Filing a Bond Claim: Public vs. Privately Owned Property Rules
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.
Good Business: Limiting Your Personal Liability
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.
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...
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...
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...
Business Debt Collections: How an Attorney Can Help You
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...
Bankruptcy Basics: Construction Projects Edition
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...
Dealing With an EEOC Charge of Discrimination
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...
Everything You Need to Know About 85(R) HB 3065
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...