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 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
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
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
12/31/2019
/ Appeals ,
Commercial Bankruptcy ,
Contract Terms ,
Liens ,
Master Service Agreement ,
Mineral Exploration ,
Mineral Leases ,
Minerals ,
Oil & Gas ,
Parent Corporation ,
Public Policy ,
Summary Judgment ,
Void and Unenforceable ,
Waiver of Rights ,
Waivers ,
Well Drilling
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
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
Bankruptcy court is often the “court of bad news” for creditors. ...more
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
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
6/11/2013
/ Arbitration ,
Change Orders ,
Choice-of-Law ,
Contract Drafting ,
Indemnification ,
Liens ,
Payment Schedules ,
Subcontractors ,
Suppliers ,
Termination ,
Warranties
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