Preliminary Considerations for Liability Adjusters When Evaluating Construction Defect Claims
Before an analysis of the merits of a construction or design defect claim is performed, it is important to ensure that there is a full understanding of the role and responsibilities of the insured (and other trades involved), as well as the operative documents involved in the project. Below are some, but not all, of […]
Attention Contractors: Does Your Contract Comply with Texas Law
Section 41.007 of the Texas Code deals with home improvement contracts and sets forth severalitems that must be disclosed in the contract. For example, a contract for improvements to an existing residence must contain: (1) the contractor’s certificate of registration number from the Texas Residential ConstructionCommission if the contractor is required to register as a […]
Explaining the Different Types of Construction Contracts
There are many differing versions of construction contracts depending on the parties’ situation andneeds. Below are some of the basic types of construction contracts, along with their associatedbenefits and drawbacks. Cost-plus contracts: Often used when the scope has not been clearly defined, such as when theproject design is still being finalized and the owner wants […]
Is it possible to have a peaceful divorce?
Peace of mind…it is something we are all searching for, especially in a divorce. A divorce, by nature, is a stressful event. It evokes all kinds of emotions… fear, anger, sadness, disappointment, joy, relief. The parties deal with some of the most stressful and emotional issues, i.e., money and children. While a divorce attorney cannot […]
Is A Collaborative Divorce Mediation?
I often get asked this question when I meet with someone for the first time: is a collaborative divorce mediation? The answer is simple: No. A collaborative divorce is not mediation, and below I explain why. When comparing mediation to a collaborative divorce, there are many differences and mediation is a small process compared to […]
5 Things to Do If Contemplating a Divorce
Contemplating a divorce? There are some things to do now to prepare for the divorce. My helpful list below is not exhaustive and may not apply to everyone. Even if a divorce petition is never filed, the list can help improve the marriage. 1. Communicate with the other spouse. Communication is key! Not communicating can […]
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 […]