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…
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…
