How to Vet a Contractor (Before Your Dream Project Becomes a Legal Battle) Hi there! I’m Kelly Davis. I’ve been running a construction law firm in Lewisville since 2002, and I basically grew up in this industry. Translation: I’ve seen the good, the bad, and the “oh-dear-lord-what-were-they-thinking?” Now, I love that homeowners have ways to…
What Is Mediation (Really)? Mediation is like a legal peace summit with a referee who doesn’t take sides. You sit down (virtually or in person) with the other party and a neutral third-party mediator, who helps both sides try to work things out before spending even more money on legal fees. This isn’t a trial.…
How Mechanics Liens Help You Get Paid: 25 Powerful Reasons In construction, nonpayment is more common than it should be. You’ve furnished labor or materials, but the check hasn’t arrived—and excuses are piling up. Fortunately, you have a legal remedy designed specifically to protect you: the mechanics lien. Filing a mechanics lien doesn’t just assert…
Are You Going to Get Paid? Ask a Construction Lawyer We aren’t the biggest construction law firm in the DFW area, but it is funny how in our practice we get to see some industry trends developing firsthand and probably even before most analysts do. I’ve always told clients to keep up with their receivables…
How to Bond Around a Mechanic’s Lien I received an email the other day asking if there was a standard form for bonding around a mechanic’s lien, so I thought it would be a good topic to write out how you actually go about bonding around a lien. I think the first step is looking…
Homeowner’s Mistakes As a construction lawyer who has not only practiced construction law for over 20 years, but also has been in the homeowner’s position and have made my own mistakes, there is a very specific trend of top mistakes that are being repeated by homeowners (and even contractors) time and time again. I wanted…
McGregor ActEarlier this year the Texas Supreme court ruled in favor of a supply company and the ruling has very good implications for subcontractors and suppliers. Here is an excerpt of the opinion: Chapter 2253 of the Texas Government Code, historically called the McGregor Act, requires a prime contractor on a public-work contract to execute…
Warning for Fraudulent Lien Laws Due to the complex nature of mechanic’s lien laws, it is highly discouraged to attempt to perfect a mechanic’s lien without the guidance of a licensed attorney specializing in Texas lien law. This includes the third-party mechanic’s lien companies that contractors will often use. Under Texas fraudulent lien law (Tex.…
Alternative to a Mechanic’s Lien – UCC Filing In this article, I want to discuss ways to perfect your security interests in fixtures and how these UCC filings help you gain priority over other potential claimants (such as banks or other lien holders). “Fixture” means goods that have become so related to particular real…
