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 have a fixed sum agreement more than likely, the owner/developer is most concerned about your PROGRESSION and you’re being paid based on how much you’ve progressed on the job. So one has to wonder why so many contractors treat lump sum agreements,  like cost-plus agreements and inaccurately itemize what they’ve “spent” on labor…

You have to be careful when doing residential projects. First, residential jobs generally come with a higher risk of litigation because a great deal of protection is given to homeowners and consumers under the Deceptive Trade Practices Act. Secondly, in Texas, the Property Code requires that you jump through extra hoops to perfect a lien…

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…

If you’re a general contractor actively involved in any project, it is safe to assume that you have attempted to protect yourself from paying damages out of pocket in the event there is a problem with the project. However, as is the case with any kind of insurance, there are certain clauses that could leave…

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…

The builder-vendor of a house impliedly warrants that the house was constructed in a good and workmanlike manner and is suitable for human habitation Humber v. Morton, 426 S.W.2d 554, 555 (Tex. 1968); Codner v. Arellano, 40 S.W.3d 666, 672 (Tex. App.—Austin 2001, no pet.) (implied warranty to perform services to repair or modify existing…

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