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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

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

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

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

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

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

The New Lien Waiver Form Prevents Subs And Suppliers From Being Strong Armed

Historically, subcontractors and suppliers were compelled to sign onerous and overreaching lien waivers and releases in order to receive payment. In addition, many subcontracts contain lien waivers lurking in the boiler...more

5/14/2013  /  Liens , Subcontractors , Suppliers , Waivers
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