In order to answer the question in the title, you have to understand accrual of indebtedness as it is used in the Texas Property Code. This is basically the moment that you are owed the money. This moment changes depending on a number of different variables including whether you’re a subcontractor, material supplier, or general…
This question is asked all the time. When is an owner justified in withholding payment? The answer depends on many variables but typically on commercial jobs you’ve got an AIA 201, the Prompt Pay Act, and years of precedent that offer guidance.
Too many contractors are blowing money on preventable litigation and claims. Bond claims, lien claims, defect allegations for warranty work etc. Much of this avoidable with some upfront work.
When working on public jobs, general contractors can quickly find themselves in a bind. This is because if a subcontractor files a bond claim, whether the claim has merit or not, the bonding company (surety) pressures the contractor to resolve the claim. If the contractor delays, the contractor will have to indemnify the surety.
There are so many landmines buried in these agreements that you MUST review them when you’re getting ready to start a project. I understand that for some smaller contractors you don’t have a great deal of negotiating power to change the agreement but this does not mean that you should not make sure that you…
Nothing is more frustrating than doing work and not getting paid. However, you have to be careful when abandoning a project because you haven’t been paid. The contract and on public projects, the relevant statutes give guidance as to the procedure for suspending performance. Watch the video to learn more.
Many contractors don’t understand the difference between lien rights for public and private jobs. Lien rights vary depending on whether the job is public, or private, and commercial or residential.
Many contractors seem to understand their deadlines to file their lien but few know their notice deadlines. The notice deadlines are just as important as lien deadlines because they are both fatal to your lien.
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.
Time is of the essence clauses are common in construction contracts and for good reason. This clause activates certain rights and remedies to various parties in a construction contract. Every contractor should be familiar with the importance of this clause. Watch to learn more.