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One of the most important aspects of any agreement is the scope of work to be performed. All too often disputes arise between general contractors and their subcontractors concerning the scope of the subcontractor’s responsibilities after work has begun.
It…
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Compared to prime (general) contractors, it is much more difficult for subcontractors to perfect lien and bond claims on private projects. Subcontractors must give timely notice of non-payment to the owner. If the subcontractor claimant does not have an agreement with the prime contractor,…
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After struggling to cobble together your mechanic’s lien affidavit, you’ve driven 150 miles to reach the county clerk’s office before close of business. Today is the filing deadline. No worries, you made it!! But now you stand toe-to-toe and face-to-face with a…
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Any construction contract worth its salt includes provisions for modifying the agreement, either by agreement or by unilateral action. The most common modifications increase or decrease the contract scope, contract dollar amount and time. Commonly referred as a “change order”, when used…
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Do you know any criminals?
If you have worked in the construction industry for very long then the likely answer is, “Yes”! I’m not talking about folks that you believe are cheats, scoundrels and liars. Nope. Instead, I’m talking about contractors, subcontractors and owners…
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Who bears the risk when an owner refuses to pay the general contractor or experiences financial failure? More than likely, the subcontractors whose agreements include a contingent payment clause. Two types of payment clauses exist and both are enforceable. “Pay-when-Paid” clauses and “Pay-if-Paid.” …
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Don’t lose downstream claims correcting construction defects.
Your project did not go well. Subcontractors performed poorly, the architect was impossible and delivery occurred late. You were lucky to break even and glad to be finished. A couple of years…
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When a construction project goes sideways, a subcontractor’s ability to place a lien or perfect a bond claim is often the difference between making a profit (or breaking even) and taking a loss. And, as any contractor that…
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That Public Works Project you are bidding may not be bonded after all. Under Texas Law, state and local projects with a price tag of $25,000 or more are required to be bonded. Apparently, at least one Texas…
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Perfecting a statutory mechanic’s and materialman’s lien under current Texas law is difficult. The statutes are less than clear and chocked full of traps and deadlines that trip up many contractors and material suppliers. Fortunately, lien perfection…
