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Ben House

Legal GuardLegal Guard Lawyer
About Ben House
Ben House is licensed in Texas, in both State and Federal Courts. During his years of experience, he has focused primarily on construction law, business and
commercial contracts and transactions, and business and construction litigation, representing clients in a variety of construction and business disputes.

Ben has actively participated in dozens of major litigation cases, including trials and mediations, and appeared before several Federal, State and Bankruptcy
benches in Harris, Fort Bend and Galveston counties. More...
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Ben House's Recent Answers
Mar 1, 2021
From an Anonymous Contractor
Texas
Ben House
Legal GuardLegal Guard Lawyer
Attorney at House Perron & House Pllc
Adding on to Mr. Erikson's answer, if the steel supplier and builder are two different parties, I would suggest that rather than negotiating withholding, you
request that your builder to come and inspect the materials when they are delivered and verify to you, preferably in writing, that they are correct. The idea is
to shift any responsibility for incorrect materials discovered during construction on to the builder. If your builder balks at this suggestion, at the verSee More...
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Nov 5, 2020
From an Anonymous Contractor
TexasSchedule of Values
Ben House
Legal GuardLegal Guard Lawyer
Attorney at House Perron & House Pllc
Wow, this is a new type of question for this message board.  This depends on whay type of contract your looking at, but the schedule of values, which is the
portion of the contract the gross price of the job is broken down on a per construction/activity task basis is typically an exhibit or attachement to the contract
itself. On mor sophistacted jobs, it can be build into the schedulin software itself in addition to the contract.  Hope this helps, and best of luck with See More...
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Mar 31, 2021
From Sharon Rushing
TexasLien WaiversPay Applications
Ben House
Legal GuardLegal Guard Lawyer
Attorney at House Perron & House Pllc
Hi Sharon, This may be a bit of a business decision. I hesitate to get in to too much detail, as this is a public forum. Legally speaking, the "conditional" versus
"unconditional" portion of the lien waiver speaks to whether you have been paid already or not. Conditional waivers are typically used when you give the
owner/GC the waiver before being paid. Undconditional waivers are often used in simultaneous exchange for payment or at the end of a contractSee More...
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Jul 15, 2021
From an Anonymous Contractor
Texas
Ben House
Legal GuardLegal Guard Lawyer
Attorney at House Perron & House Pllc
Yes techincally, but assuming this work is being performed on residences, a homestead lien is a very difficult type of lien to secure in Texas with many
requirements. If you are depending on the contracts of your customer landscapers, the liklihood of ending up with an assigned recoverable lien is very poor. I
would recomend retaiing an attorney on the front end of this new business approach to make sure your company is as secure in its ability to recovSee More...
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Nov 30, 2021
From John Haldenstein
TexasRetainage
Ben House
Legal GuardLegal Guard Lawyer
Attorney at House Perron & House Pllc
Hi John, Retainage is complicated, but you may not be completely out of luck, especially if you move fast. Your previous notices may have put the owner
and/or GC properly on notice of your retainage claim, but that notice would not require the owner to hold retainage longer than thirty days past completion of
the project. There are different types of notices, with different deadlines. For instance a fund trapping notice, if sent timely, would require the ownSee More...
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