So you missed your lien deadline and you’re a general contractor. Well, as long as the property has no been sold, you can still protect your interest.  You should file your lien as quickly as possible.

If you’re doing residential construction in Texas you need to understand the Deceptive Trade Practices Act (“DTPA”). Most of the residential construction claims will be made under the DTPA so understanding the act could help you to shield yourself from liability.

In an earlier post I explained the difficulties subcontractors face when trying to protect themselves against non-payment. Difficulties in complying with The Texas Property Code make perfection difficult for subs. However, The Texas Construction Trust Fund Act does give some protection. According to the act, a contractor, subcontractor, or owner or an officer, director, or…

Whether you’re a prime contractor, subcontractor, owner, officer, director, or agent of a contractor, subcontractor, or owner who receives construction payments or who has control or direction of construction payments, you are a trustee under Tex. Prop. Code § 162.002. This means that you have a responsibility to correctly apply trust funds. Misapplication of Trust…

Zachry Constr. Corp. v. Port of Houston Auth. Limits On Contractual Freedom In Construction Generally speaking, as long as your contract isn’t illegal or unconscionable, courts have a tendency to allow parties to enter into agreements at their own risk. Courts reason that any mitigation of risk can and should be negotiated by the parties…

Texas courts generally apply the Spearin doctrine that the owner implicitly warrants to the contractor the sufficiency of the drawings and specifications. See Shintech Inc. v. Group Constructors, Inc., 688 S.W.2d 144, 151 (Tex. App.—Houston [14th Dist.] 1985, no writ); see generally United States v. Spearin, 248 U.S. 132, 39 S. Ct. 59, 63 L. Ed….

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