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…
Liening Homesteaded Properties in Texas Today I would like to discuss how liens placed on homesteaded properties in Texas have different requirements than liens placed on non-homesteaded properties. Since Texas is a state that really believes in a person’s rights to preserve their homestead, there are some additional requirements that often trap unwary contractors. While…
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…
Foreclosure of Your Mechanic’s Lien So you filed a lien on a property and now you want to know what else you might do to get paid. And the answer is it depends (I’m sure you’ve never heard that answer from an attorney!). There are a lot of factors that go into the different alternatives…
Warranty Deed or Quitclaim Deed – what’s the difference and why should you care? Every now and then, someone comes to my office needing a “Deed.” Usually, they have heard the term Quitclaim deed and specifically ask for that. But, many people (including some attorneys, I’m chagrin to admit), do not understand the difference between…
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…
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…
