One of the most frustrating things can be learning that a lien has been filed on your home by a contractor, particularly one which is invalid or unenforceable. Your first thought is one of bewilderment as to why it was filed, maybe you paid the invoices (or didn’t) for the work performed. This article is…
Today, I wanted to share some important information with you regarding your business and protecting yourself personally against your business’s liabilities. This article relates to all type of businesses not just those in the construction industry. Because we represent businesses, a great deal of our work involves ensuring our clients have maximum personal liability and asset…
Continuing and hoping to add to the last blog’s advice as to how to protect yourself when the market starts showing signs of distress, I really want to talk about waivers today. Waivers are such a commonplace event in the industry, I think it is easy to forget just how powerful they can be. In…
Many of you were likely around for the 2008 “crash.” I could have told you in early 2007 to hold on, it was coming. One thing that most people do not realize is that construction lawyers really have their ear to the ground and can very quickly know when the tides start turning. In 2007,…
Pretty much the time of year for a hail storm and roof replacements to begin. There’s so many horrible stories about contractors on the news, from your friends, on Facebook; there’s even completely dedicated Facebook sites directed at warning consumers of sham contractors. So how can you really know that you’ve got a good contractor?…
This picture was taken from a foundation case our firm was involved in. As you can see, without a doubt, the most irritating aspects for a builder and homeowner, and one which causes so much litigation, is concrete. It comes in many forms, depending upon where you live, but here are a few common issues:…
I wish to bring to your attention a problem that has festered in Texas for a long time but has recently become a very serious issue and growing rapidly. Many people or entities posing as general contractors are taking countless unsuspecting homeowners and would-be homeowners for their life savings. Every day, self-proclaimed contractors approach consumers…
Materials costs are skyrocketing! The obvious resulting dilemma with a fixed price contract is if the contractor must absorb these increased costs and cannot change the total contract price, the project could become unprofitable. We have fielded many recent requests concerning what homeowners can do when they are a party to a fixed price (“Turnkey”)…
The best way to avoid payment issues is to negotiate the payment terms and conditions of the contract, as well as the remedies of the parties from the beginning. But of course, unfortunately, there are times a general contractor (“GC”) is slow to pay or fails to pay its subcontractors. If you are a subcontractor…
Construction Costs Have Soared OSB is now running a minimum of $100 a sheet. Studs are $10 each. Metal is responding with similar gains for framing and piping. All systems of both residential and commercial construction are going skyward with no relief in sight. Appraisals are not in line with cost to build. There is…
Let’s face it – no client enjoys receiving their attorney’s bill at the end of the month. We as attorneys love to joke by saying clients hate us until they need us – then they hate us again after the bill arrives. There is hope. You can lower your attorney’s fees bills by one simple…
Whether you are a homeowner or a contractor, Chapter 27 of the Texas Property Code, also known as the Residential Construction Liability Act (“RCLA”), applies to you if there is a dispute regarding alleged construction defects at your home or the home you built/performed construction work. Does not sound like something good, to have to…
Limited Liability Company: A limited liability company (LLC) is not a partnership or a corporation. An LLC is a distinct type of entity that has the powers of both a corporation and a partnership. LLCs are very common these days and we definitely set up more LLCs than any other business structure. The owners of…
I’m sure all of your experienced some type of distress or property damage from the recent winter storm. I actually had a roof leak develop in my dining room and multiple outside faucets sporting “ice beards” of frozen water. I couldn’t find my homeowner’s insurance policy, so I just called the insurance company and started…
Corporations. Most people are familiar with big corporations that make products or provide services we all regularly use, such as Ford and American Airlines. However, the corporate business structure is also available to individuals. In Texas, a corporation is created by filing a Certificate of Formation with the Texas Secretary of State and paying the…
There are certain areas of construction for both developers and subcontractors that we know asattorneys are consistent problem areas. Today, I am going to focus on the most sensitive area whichcauses probably the most grief for everyone involved – paying and getting paid. On the owner/developer side, we see issues of subcontractors not performing to…
The week of February 14, 2021 will not soon be forgotten and many of usare still dealing with issues that arose from frozen pipes. It is easy to understandand expect that plumbers or wannabe plumbers are well aware of these issues.While the need to act quickly is very important, we still need to actcarefully. Plumbing…
This week we are lucky to have my own personal CPA, Frank Sikich, CPA, CHAE, of Flower Mound, Texas, to give us an update on the new changes to the PPP Loans, including how to obtain forgiveness and what you can spend the money on: At the end of 2020, Congress passed, and President Trump…
As mentioned in Part 1, two other typical business structures in Texas are the “general partnership” and “limited partnership.” A general partnership is created when two or more persons associate to carry on a business for profit. There is no law in Texas mandating that the “partners” sign a written partnership agreement and there are…
KMDA is very pleased to announce the addition of Carlo Caravetta as the newest senior attorney to our firm Release Date: “For Immediate Publication” Lewisville, TX Kelly M. Davis & Associates, LLC is pleased to announce a new hire as Senior Counsel in its Lewisville, Texas office –Carlo E. Caravetta – to fill a new…
The biggest fear I have as an attorney representing businesses is their lack of protecting their trade secrets. Most business owners do not realize the protection provided under the law in most states for those items included in the category of “trade secrets.” For instance, do you realize that your client lists, methods in performing…
You have decided to start a new business and realize that no matter what your business does, creates or builds, you of course have no desire to be exposed to personal liability if something does not go as planned. Unfortunately, there is no 100% guaranteed “iron clad” (not a legal term, but we hear it…
We have seen numerous reports that homeowners are active on home improvement and remodeling projects during the Covid-19 pandemic. North Texas seems to be one of the especially active regions for remodel work. This is of course great news for both remodelers and homeowners. However, given the ongoing concerns about Covid-19 and the fact that…
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