Pay Applications in Construction
A pay application in construction, which is submitted periodically during a project (and even possibly before or after the project depending upon the circumstances), is a combination of documentation that illustrates what construction work took place and sets forth the amount being billed for the construction work. While pay applications can vary depending on the […]
What is a Cost-Plus Contract in Construction?
Cost-plus contracts are often used when the scope of work has not been clearly defined, such as when the project design is still being finalized and the owner wants to begin construction. Generally, with a cost-plus contract, an owner agrees to pay the cost of the work, including all trade subcontractor work, labor, materials, and […]
Frequently Asked Questions About Retainage in Texas
What is retainage? Retainage also called “retention,” is an amount of money “held back” from a contractor or subcontractor during the course of a construction project. What are the purposes for retainage? The purposes of retainage include: (1) To provide an incentive to the contractor or subcontractor to complete the project; and (2) To give […]
Disaster Remediation
Disaster Remediation Contracts in Texas In the aftermath of a natural disaster, consumers and contractors should be aware of Chapter 58 of the Texas Business and Commerce Code, which includes important consumer protections, as well requirements that must be followed by disaster remediation contractors. Applicability Chapter 58 applies to a contract between a person and […]
Tips for Contractors to Keep Their Construction Projects on Schedule
Tips for Contractors to Keep Their Construction Projects on Schedule A myriad of variables can affect the progress of a construction project such as: adverse weather, changes in the work, unavailable and/or limited resources, changes in pricing and availability of quality labor, and subcontractor and material supplier issues. Given the foregoing variables, assuring that a […]
Common Types of Insurance Coverage
Common Types of Insurance Coverage Insurance law is highly complex and litigation cases are costly and protracted. The attorneys at J Lowe Law are ready to handle your complicated insurance litigation issues (first-party coverage, third-party coverage, etc.) by using our strong legal counsel to advocate for your best interests. Whether it be a coverage dispute […]
Common Examples Which May Lead to a Dispute Between Insurance Company and Its Insured
List of Examples That May Lead to a Dispute with Insurance Company Common Examples Which May Lead to a Dispute Between Insurance Company and Its Insured Some examples which may lead to a dispute between an insurance company and its insured include, but are not limited to, the following: Insurance law is highly complex and […]
Voidable Construction Contract Clause in Texas
Does a foreign state’s laws govern a Texas construction contract? A situation that commonly arises is where a Texas contractor enters a construction with an owner that is from another state. In some circumstances, the out of state owner may wish for their state’s laws to govern the terms of the construction contract. The question […]
Frequently Asked Questions About Mechanic’s Liens in Texas
Mechanic’s Liens in Texas Q: Who Can File a Mechanic’s Lien? A: Original contractors, subcontractors, material suppliers, specialty material fabricators, design professionals, and landscapers all have the right to file a mechanics lien if they do not receive payment. Q: Can You File a Mechanic’s Lien if You are Unlicensed? A: There are no specific […]
Holdover Tenant: What Can a Landlord Do?
What can a landlord do when the tenant won’t vacate? Holdover Tenants: What Can a Landlord Do? One option is to file a forcible detainer action (eviction). However, prior to filing suit, a landlord must provide the tenant with a three (3) day notice to vacate. The three-day notice to vacate can require the tenant […]