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Texas Law Blog

M&M Liens, Part I: When You Do the Work, You Should Get Paid

If you don't know the ins and outs of a mechanic's and materialmen's lien you'll burn your bottom line faster than you'd burn the tires on that souped-up hot rod that's been sitting in your garage.

Navigating the Ins and Outs of Texas Contingent Payment Clauses

General contractors utilize subcontract agreements to protect their interests and shift risk downstream to subcontractors. They accomplish this end by including powerful contract clauses that provided little escape from harsh outcomes if the project does not unfold as planned. One such clause is the contingent payment clause, also known as "pay when paid" or "pay if paid" clauses, which obliges a subcontractor assume the risk of the owner's failure to pay.

How to Remove a Lien on Your Home

A subcontractor or supplier who has not been paid for work done on your home may try to get payment by filing a legal document called a "lien." Your home cannot be sold until the claim is paid. Follow these three steps if you discover a lien has been filed.

Explained: Writs of Garnishment v. Writs of Execution

You've won a judgment. Now, how do you collect on it? Texas offers two significant forms of collection for parties who've won a judgment (i.e. judgment creditor) in Court: a Writ of Garnishment and a Writ of Execution. Learn the difference in these and the circumstances for when each should be used.

Tips for Contractors: How to Keep Homeowners Happy Post-Harvey

The devastation caused by Hurricane Harvey has sent the construction industry in affected counties into a tailspin as construction professionals struggle to keep up with demand. Unfortunately, as builders and contractors attempt to regain equilibrium, many may find themselves dealing with major disputes with homeowners for the first time. Although the construction industry, as a whole, has rallied around our communities to assist many homeowners in times of great need, disputes will inevitably arise. We have kept track of many common causes of issues that arise and propose a few best practices contractors should consider, not just in the wake of Hurricane Harvey, but in general. As always, we recommend that you consult with an experienced construction attorney prior to implementing new procedures.

Filing a Bond Claim: Public vs. Privately-Owned Property Rules

Filing a claim against a bond may offer a subcontractor protection against both privately and publicly incurred debts. However, there are different rules for filing a bond claim on public property versus privately-owned property.

GOOD BUSINESS: Limiting Your Personal Liability

One of the best tools to limit or avoid personal liability associated with running your business in Texas is to set up a corporation, limited liability company, or a similar entity. However, many business owners set up their business entity, open a bank account, and go about their "business as usual" without timely filing the required business franchise tax reports with the State of Texas.

Filing a Lien & Getting the Property Description Right

When you file a lien on a property, Texas Property Code 53.054 requires you to include "a description legally sufficient for identification, of the property sought to be charged with the lien." But what does "legally sufficient for identification" really mean?
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Call The Cromeens Law Firm, PLLC, To Speak With An Experienced Lawyer

Contact our law firm in Houston to speak with a lawyer who is intimately familiar with the law related to mechanic's liens, collections and contract disputes. Call 713-489-5792 to schedule a free consultation. We accept credit cards, and Spanish translation is available.

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