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…
