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…
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…
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…
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…
