Tips for Property Owners When Hiring a Contractor

Tips for Property Owners When Hiring a Contractor

Some Tips for Property Owners When Hiring a Contractor Doing Your Own Research and Educate Yourself. Through the magic of Google, YouTube, etc., vast amounts of information are at our fingertips. Whether your project is big or small, it will be well worth your while to try and learn as much about how to complete […]

Purchase Sale Contract for Real Estate: Disputes Over Earnest

Purchase Sale Contract for Real Estate: Disputes Over Earnest Money

How to make a claim for the earnest money deposit Purchase Sales Contract for Real Estate: Dispute over Earnest Money! Disputes over earnest money may arise when either a buyer or seller believes the other to be at fault for failing to close in a timely manner. Whatever the cause, paragraphs 18.C through E of […]

Exceptions to Residential Seller Disclosures

Exceptions to Residential Seller Disclosures

Exceptions to Seller’s Disclosures in Residential Sales in Texas! Due to recent weather events, water penetration from storms, flooding, and burst pipes has become a focal point when purchasing a home. In Texas, a signed seller’s disclosure notice is required in most residential sales pursuant to Section 5.008 of the Property Code: 5.008(a) A seller of […]

Cost-Plus v. Stipulated Sum Contracts: What is the Difference

Cost-Plus v. Stipulated Sum Contracts: What is the Difference

The Different Types of Construction Contracts Explained As you might imagine, there are many different types of construction contracts. However, two of the most popular forms of construction contracts are “cost-plus” and “stipulated sum.” Cost-Plus contracts are often used when the scope of the construction project has not been clearly defined, such as when the […]

Benefits of Hiring a Real Estate Attorney

Benefits of Hiring a Real Estate Attorney

How a real estate attorney can help when purchasing or selling property. When entering into a purchase sale contract for real estate in Texas, a party would be wise to seek the counsel of an attorney. A few examples of areas where an attorney can assist include: ·      initial consultation to review client […]

Removal of Invalid Lien

Removal of Invalid Lien

How to remove invalid lien on property in Texas The lien laws in Texas are complex, and because of those complexities, contractors, subcontractors, suppliers, and others may sometimes file a mechanic’s lien that is not valid. Obviously, a lien being filed on your home/property can be overwhelming and cause great financial harm to both you […]

Subcontractors and Suppliers: When Negotiating Your Next Contract, Pay Close Attention to These Contract Terms

Important Contract Terms and Conditions

Important Contract Terms and Conditions Subcontractors and Suppliers: When Negotiating Your Next Contract, Pay Close Attention to These Contract Terms Payment Conditions: A subcontractor/supplier should always attempt to limit and/or eliminate any conditions to receiving payment (Some of these conditions may include “pay if paid” clauses, and the submission of certain paperwork).  Change Orders: A subcontractor/supplier should […]

Buyer Withdrawal Because of Failure to Obtain Financing

Buyer Withdrawals from Purchase Contract Because of Failure to Obtain Financing

Buyer Withdrawal Because of Failure to Obtain Financing: An area of dispute, as it relates to the return of earnest money, may involve a Buyer’s inability to obtain financing. In sum, Sellers may believe that the Buyer did not make “every reasonable effort to obtain credit approval” (as required by the TREC Third Party Financing […]

Contractor Liability for Job Site Injuries

Contractor Liability for Job Site Injuries

Are General Contractors Liable for Subcontractor’s employee injuries? Approximately one (1) year ago, the Texas Supreme Court addressed the scope of a general contractor’s duty of care to its subcontractors’ employees on a project site. The case was JLB Builders, L.L.C. v. Hernandez, in which the Texas Supreme Court dismissed the negligence claims of an injured […]

What is the New Standard of Care for Architectural and Engineering Services?

Standard of Care for Architectual and Engineering Texas

Standard of Care for Architectural and Engineering Texas Section 130.0021(a) of the Texas Civil Practice and Remedies Code creates a new and specific standard of care for architectural or engineering services related to the repair or construction of improvements to real property. The new law provides that architectural or engineering services must be “performed with […]