Having the right agreement in place is paramount in any project. Having the wrong agreement in place or an agreement with incorrect or insufficient information can cost companies millions. Many construction projects require builders to tap into the large array of contracts housed by the American Institute of Architects (AIA). The size of the project can determine which AIA documents are relevant and […]
In our previous article, we discussed the basic concepts of sales tax law in construction and how different scenarios in your projects might affect the collection of sales tax. This article will explain a few more concepts and delve into what is subject to sales tax in construction and which party is responsible for payment. […]
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 […]
No insurance policy in the construction industry is more discussed – and cussed – than the infamous Commercial General Liability (“CGL”) policy. Unfortunately, many people do not have a good working understanding of the CGL policy or options that would provide more protection. As a result, a builder may pay for a loss that could […]
The construction industry has used arbitration as the primary method for resolving disputes for many years. Builders routinely include a well-worn arbitration provision in their contracts. When disputes occur, however, builders are often surprised at certain limitations of the arbitration process. Therefore, it is worth giving that old arbitration clause a second thought and seeing […]
A new construction project springs financial hope for all parties involved. Unfortunately, if the owner fails to pay the general contractor as expected, that hope is quickly replaced by financial anxiety. In these situations, the general contractor is faced with the dilemma of “financing” the project by paying out-of-pocket, or incurring project-damaging problems with labor […]