A Mechanic’s Lien Attorney helps navigate the complex world of lien laws. Mechanic’s Liens can be a valuable tool to ensure protections for contractors, sub-contractors, and property owners. However, when poorly written, mechanic’s liens can create disputes. This can lead to project delays, lawsuits, lost wages, and deferred payments. Mechanic’s Lien Attorneys Can Help Write […]
Many construction contract prices include amounts designated as an allowance or a contingency. Too often, the parties’ misunderstanding of what those designations mean causes disputes. To reduce those disputes, it is not only crucial that the construction contract clearly defines these classifications of costs, but that the parties also have a good understanding of the […]
A builder is required to navigate many complex areas of the law while conducting its business. Unfortunately, if the builder fails to properly comply, the penalties can be harsh. For example, in the employment law area, Texas requires an employer to obtain and provide certain information to a new employee. Some of the required new […]
Builders must be careful with money received from owners and keep good financial records on each project. Chapter 162 of the Texas Property Code, commonly referred to as the Texas Trust Fund Act (Act), is intended to protect those furnishing labor or materials for the construction or repair of property by declaring that funds are […]
Texas builders can be criminally liable for failing to comply with financial bookkeeping requirements and misusing construction funds paid by the owner. While many district attorney offices are reluctant to prosecute construction industry fraud, some DA offices will seek criminal prosecution in egregious circumstances. As a result, a builder needs to be aware of what […]
Do you know if you should be collecting sales tax on the services you provide? The sales tax rate in Texas is high, and improper collection of sales tax in construction or the lack thereof can leave you exposed to large financial liabilities. To minimize risk, builders should have some understanding of the tax system […]
Many complex laws and rules regulate a builder’s business. One such area concerns notices that a builder is required to provide. Texas law requires that residential construction contracts include specific notices and disclosures. Below we’ll review some of these and the consequences of failing to include them. Residential Construction Contract Disclosure Statements Texas Property Code […]
When an employee leaves to work for a competitor, he or she may have valuable knowledge of the builder’s trade secrets. If the builder has not protected its trade secrets, it may not be able to prevent the former employee from disclosing the builder’s valuable information to the competitor. The former employee could possibly reveal […]
Because of the cost and burden of keeping documents indefinitely, builders frequently ask how long various records should be maintained. There is no one size fits all answer because the answer depends on the type of document and the type of construction project. This article will discuss the various types of documents, the suggested retention periods, and […]
Builders are generally able to resolve disagreements with homeowners over a construction defect claim, but there are some things you should know to protect yourself. When a resolution cannot be reached, the Residential Construction Liability Act (RCLA), which is found in Chapter 27 of the Texas Property Code, governs such claims. Because of the protections afforded by […]
