Latest Publications

Share:

Texas Legislature Expands Suspension Rights Under the Prompt Pay Acts

The private and public prompt pay acts both provide contractors and subcontractors with the right to stop work if an owner or upstream contractor fails to pay an undisputed amount.  With H.B. 3485, the Texas legislature has...more

Texas Supreme Court: Actual Notice Does Not Satisfy Written Notice Requirement

In James Construction Group, LLC v. Westlake Chemical Corporation, the Texas Supreme Court clarified the standard necessary to satisfy notice provisions in a construction contract.  The Court’s opinion reached two key...more

Chapter 53 Expands Lien Rights for Design Professionals

Texas has new lien laws that affect all construction projects with a prime contract dated on or after January 1, 2022.  The new lien laws are particularly helpful to architects, engineers, and surveyors.  Design professionals...more

The 179d Tax Deduction

My law partner, David Gair, and I recently wrote a paper regarding the energy-efficient commercial building tax deduction (IRC § 179D).  The upshot is that the Consolidated Appropriations Act of 2021 recently made this...more

Can the Trust Fund Act be Waived

The general prohibition against waiving lien rights under Chapter 53 of the Texas Property Code has been written about extensively, and is well known through the industry.  However, the Construction Trust Fund Act (Ch. 162 of...more

Lien Inception

When owners file bankruptcy or projects otherwise go south, lien priority often comes to the forefront.  The idea is relatively simple.  Priority is how courts determine which creditors get paid first.  This often pits...more

COVID-19 – Legal Impact

COVID-19 is now interrupting and, in some instances, cancelling contracts across the country.  While the situation is highly fluid, these business disruptions appear likely to continue and perhaps even worsen in the immediate...more

Obscure But Important Surety and Guarantee Rules

Texas surety law contains obscure procedural rules that can have outsized consequences. Chapter 43 of the Civil Practice and Remedies Code is an important example....more

Wave Goodbye To Unenforcable Mineral Lien Waivers: The Houston Court Of Appeals Weighs In With Mesa V. Deep Energy

The Fourteenth Court of Appeals in Houston recently issued an opinion that will have profound impacts on mineral liens and contractual provisions purporting to waive mineral liens. The question of whether or not a pre-work...more

Establishing Personal Liability Without a Guaranty

When non-payment occurs, suppliers and service providers often first seek relief by suing for breach of contract. Unfortunately, many companies are undercapitalized or otherwise “judgment proof.” A personal guaranty might...more

Protecting Yourself in a Volatile Labor Market

Texas is a hot-bed for construction. In 2016, according to the Virtual Builders Exchange, Texas was second only to New York in construction expenditures, spending $44.4 billion. And there is no sign that the proliferation of...more

How to Manage Credit and Collect Unpaid Bills in Today’s Oil Patch

Everybody from the well site to the board room has an opinion about when oil prices will “rebound”. Rather than an opinion, we have a question: How do I collect my money while we’re waiting? This post is a refresher for...more

Implied Warranties: Part One (Goods)

Texas law imposes certain implied warranties on the sale of goods, regardless of whether the warranties are mentioned in the contract. In particular, Texas law creates the warranty of “merchantability” and the warranty that...more

Filing A Lien When The Work Is Done For A Tenant Rather Than An Owner

Commercial landlords often allow commercial tenants to construct a buildout tailored to their business (e.g., retail stores, restaurants, redesigning office space, etc.). Such tenants hire general contractors who in turn hire...more

How To Perfect And Enforce A Mineral Lien: Six Steps

If you furnish labor or materials to an oil or gas well and are not paid, then you should consider filing a mineral lien. Below are the steps to perfect a mineral lien....more

12/16/2013  /  Liens , Mineral Rights , Oil & Gas

7 Ways To Manage The Credit Risk Of A New Customer

Get the project information up front - You should ask your customer for the owner’s name and address, the location of the project, a copy of the payment bond (if any), and the general contractor’s name and address (if...more

Increasing Your Recovery Under A Federal Payment Bond Claim

Federally owned construction projects are covered by a Miller Act Payment Bond for the benefit of the subcontractors and suppliers thereof. If you make a claim for payment under the Miller Act, you may, under certain...more

The Supreme Court Blesses Arbitration Clauses In Covenants Not To Compete, But Is Arbitrating A Non-Compete Always A Good Idea?

Non-competes are governed by different rules from other contracts. Courts limit non-competes to certain circumstances, such as when an individual has received confidential information, goodwill, or specialized training; even...more

Ten Drafting Tips For Covenants Not To Compete

A recent article in the Wall Street Journal discussed the rise in litigation regarding covenants not to compete, along with a summary of the positives and negatives of these covenants....more

Legislative Update

Construction legislation in the 2013 session was much different from 2011. In 2011 many new construction related laws were passed including governance of indemnities and mechanic’s liens. In 2013 many significant...more

Contractors And Suppliers’ Defenses To Bankruptcy Preference Claims

Bankruptcy preference claims are always an unpleasant surprise. ...more

Collecting Attorney Fees For Lien And Bond Claims

Previously, Texas law provided that a court “may” award costs and reasonable attorney fees in a suit to foreclose a lien, enforce a payment bond claim or declare a lien to be invalid to the extent that such costs and...more

6/25/2013  /  Attorney's Fees , Bonds , Foreclosure , Liens

Broad Form Indemnities In Construction Contracts

Indemnifying someone for their own negligence is a tough pill to swallow. ...more

Important Contract Clauses For Subcontractors And Suppliers

Because of time constraints and the desire to get the business, subcontractors and suppliers routinely sign lengthy subcontracts and master service agreements without closely reading the terms and conditions. ...more

33 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide