Lien On Me: 5 Common Mistakes Under Texas’ Lien Law
With the COVID-19 recession clouds gathering on the horizon, understanding your lien rights is more important than ever. Unfortunately, Texas’ mechanic’s and materialman’s liens create a minefield of procedural and substantive requirements. Among the most commonly detonated mines are confusion over who is an “original contractor”, missing notice and filing deadlines, and failing to properly identify the property being liened.
Common Mistake #1: Confusing Original Contractor and General Contractor
An original contractor is not always synonymous with a general contractor, at least
“No One Goes There Nowadays, It’s Too Crowded”: Four Employment Considerations in the COVID-19 Era
We could all use a few more Yogi Berra-isms to distract us from incessant drumbeat of miserable statistics reported in the news on a daily basis. The COVID-19 pandemic raises employment issues that require careful attention even if the construction project is classified as an exempt or essential business. Below are 4 employment considerations in the COVID-19 era.
1. Review and Adhere to All Jobsite Health Rules and Guidance
Federal, State and local governments have issued a crazy quiltwork of jobsite health rules and guidelines that impact construction sites in Texas. Aside from soc
Kiss Today Goodbye and Point Me Toward Tomorrow: COVID-19 and Liquidated Damages
So, what exactly happens when you kiss today goodbye, figuratively of course, in a construction project with a liquidated damages provision? Although the past few years of critical labor shortages in subcontractor trades have tested the ability to complete projects within the contract time and contract price, the COVID-19 pandemic presents a challenge on a completely different order of magnitude.
As construction projects shut down due to illness, manpower shortage, or restrictions on travel, there are a few helpful things to know about liquidated damages clauses.
1. Liquidated Damages
Who Cares? Three Takeaways from the $2 Trillion Stimulus Act
Much has been made about the $2 trillion relief bill that Congress passed and President Trump signed into law at the end of March 2020. Though the 800+ page bill makes for some fine bedtime reading, there are three quick takeaways from CARES (Coronavirus Aid, Relief, and Economic Stimulus) Act that may have an immediate and direct benefit to the construction industry.
Takeaway 1: SBA Loans
The CARES Act includes a $367 billion loan and grant program for small businesses. Any business, nonprofit organization, veterans’ organization, or tribal business under 500 employees, or under the Smal
A Tale of Three Counties: It Was The Most Inconsistent of Times
It was the best of times, it was the worst of times, and it was definitely the most inconsistent of times. As Texas continues to follow the Federal model of a decentralized approach to stay-at-home and business cessation orders, three counties (well, actually, two counties and one city) reflect the inconsistent approaches taken by different jurisdictions. While the decentralized model may work well for businesses that operate solely within the boundaries of a given city or county, it can be problematic for businesses that operate across different city and county lines.
To contrast the diff
COVID-19 and Force Majeure: In the Land of the Blind, The One-Eyed Man is King
How do your contracts address delays and financial implications associated with the novel coronavirus and COVID-19? Is additional time or additional compensation allowed? Under what circumstances? These are just a few of the questions many professionals in the construction industry have begun asking this week as more counties and cities in Texas impose stay at-home and business cessation orders. The COVID-19 page of our website contains all the current stay-at-home orders issued by counties and large cities in Texas.
To find some answers, we will examine a few common contract provisions
