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.
In the days following Hurricane Harvey, news agencies reported only about 80 percent of homeowners in the affected areas were covered by flood insurance. As a result, uninsured flooded homeowners have sought other options to repair and replace their damaged property. In an effort to find alternative forms of compensation, some homeowners have attempted to direct their complaints at their builders, subdivision developers, municipalities, and state and federal authorities. This articles summarizes the recent legal actions considered by flooded homeowners, and information that homeowners and their builders should consider going forward.
Generally speaking, it is a good business practice to have all of the essential terms between the parties to be put into a written agreement before the work starts. But, in a situation such as the aftermath of a hurricane, that may not always be possible to do upfront. However, it is not too late to create one - even a contract signed during construction or work performed can be enforced.
Construction industry professionals may or may not be aware that there is currently a bill pending in committee in the Texas House of Representatives that would completely overhaul the mechanic's and material man's lien process in Texas. Those who are aware may be asking themselves and their colleagues whether they should give this bill their support. Read on for an in-depth summary of the most sweeping changes proposed by HB 3065 and how those changes could affect the lien process and rights of contractors, subcontractors, and material suppliers.
As in most relationships, it's a two-way street. Without effective communication and mutual respect, most relationships will fail. The same is true when it comes to your relationship with your attorney. Your attorney-client relationship is an important partnership, which seeks to maximize the outcome in your favor.
Texas law provides different methods to collect on a court judgment regardless of whether the judgment originates from the state of Texas or another state. When a person or entity recovers money damages in a court, it will primarily be in the form of a judgment. A judgment is merely a piece of paper that declares a person or an entity owes another person or entity money. In order to collect on that piece of paper, consider the following methods and rules:
The task of building or majorly renovating your dream home comes with both rewards and headaches. A common headache is seeing your home built with defective design and construction issues that your contractor refuses to fix.
Mechanic's liens exist to protect the rights of construction professionals and to help ensure they are properly compensated for work or materials they have provided. While the purpose liens serve is beneficial, maneuvering through the process in Texas can be complicated and tricky. To get you started with understanding the basics, the construction attorneys at The Cromeens Law Firm, PLLC, answer these five questions: