Elements In order to have a fraudulent lien, you must meet four elements: Knowledge that the document/record is fraudulent; Intent that the fraudulent document be given the same legal effect as a valid document; Intent to cause financial injury, physical injury or mental anguish; and Intent to defraud. Case Law There are a few cases…
What is an eviction suit? In Texas, a suit to evict a tenant is known as a suit for forcible detainer. If you have a tenant in a property you own who is not willing to vacate the premises voluntarily, the only legal means of removing such tenant is through an eviction proceeding, in a…
So last time, we answered some of the most common questions we hear regarding the change order process. This week, I want to concentrate on various cases that have come down in Texas that relate to construction change orders and specifically discuss how these cases affect you the contractor. Ok, I didn’t get a written…
I want to take some time to discuss with you something that comes up daily within the lawsuits we litigate for our contractors. Change Orders. I know, it’s a dirty word. However, through our practice we have commonly dealt with the issues that arise from the Change Orders and believe that we have developed a…
Has a disgruntled customer posted defamatory statements about your business? It is possible that your business has become a victim of business disparagement. Texas law provides for a claim against a person who publishes false statements about the character of your business. The law requires that this person (or customer) must have acted with malice…
Every state has its own unique set of laws, statutes, codes, and case law, but the general rules of contract interpretation are largely consistent and generally apply to construction contracts. The following, while not an all-inclusive list, are some of the most common rules that any non-lawyer in the construction industry in Texas should be…
Most sub-contracts have a provision called something like “man the Job” provisions. This is a provision that protects the contractor if a subcontractor is having unusual delays or even not showing up on the job. It normally protects the contractor by giving proof of their cause for a termination of a subcontract and possible contractual…
Texas contractors may encounter situations where they face default termination allegations. Dealing with such circumstances can be challenging, but with the right knowledge and strategies, contractors can navigate these situations. The following are some tips for Texas contractors to help address default termination allegations and protect their interests. Understand the Contractual Obligations: When facing default…
When entering into a construction project in Texas, it is crucial to ensure that your interests are protected and that you fully understand the terms and conditions of the contract. Review of construction contracts by a qualified, experienced attorney is a necessary step to safeguard your rights and mitigate potential risks. This article highlights the…
