What if you miss your Bond Claim Deadline?Earlier 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…
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.…
Keeping Afloat in a Slow Economy It is no secret that our economy is suffering badly. Even the basics simply cost too much, and everyone has to cut back. As a result, your business is suffering. So, how will your business survive when so many are closing their doors? Some simple, practical changes can make…
Retainage One recurring problem we’ve been seeing in our practice over the last 6 months is subcontractors having problems collecting their retainage; or as others call it, money retention. I’ve written before about the legal timing requirements for notices and perfecting a claim, today I want to spend some time discussing some of the practical…
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…
