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...More...
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...See More...
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...See More...
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...See More...
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...See More...
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...See More...