Brian Erikson is a construction attorney who works in Dallas, Texas. Brian has 35 years of experience with 2 licenses to practice in Texas and Louisiana. Some member organizations he is a part of include American Bar Association, Dallas Bar Association, Associated General Contractors, Associated Builders & Contractors, Texas Society of Professional Engineers, National Society of Professional Engineers, American Society of Civil Engineers and Dallas Bar Association, Construction Law Section. Brian attended Loyola Law School, Loyola Marymount University, graduating in 1983. He currently works at The Erikson Firm, A Professional Corporation, in Dallas, Texas.More...More...
Attorney at The Erikson Firm, A Professional Corporation
You really should retain a construction attorney to review and evaluate your legal situation and to provide advice. Typically, a public school project is not a private project, and the applicable law would be Chapter 2253 of the Texas Government Code. Chapter 53 of the Texas Property Code governs private projects and the law is somewhat different. Good luck. See More...
Attorney at The Erikson Firm, A Professional Corporation
The legal analysis would start with a review of the contract you signed, and then extend to any communications which have occurred and to the builder's advertising and promotional materials. An allowance is just that -- an amount of money allocated in a bid estimate or contract to pay for certain work scopes. If the cost exceeds the allowance, typically, the owner is responsible if the owner has approved the increase in the price for the work. If yoSee More...See More...
Attorney at The Erikson Firm, A Professional Corporation
The short answer is: A statutory bond is specified by a statute, such as Chapter 2253 of the Texas Government Code, or Chapter 53 of the Texas Property Code. A common law bond is established by contract for those instances where there is no statute governing the terms and effect of the bond. For example, a bond posted by a subcontractor would be a common law bond. Good luck. See More...
Attorney at The Erikson Firm, A Professional Corporation
I assume that you are referring to a commercial project, and not a residential project, as you do not specify. What follows is for a commercial project. You should consider mailing a certified letter to the general contractor (known as the "original contractor" under Chapter 53 of the Texas Property Code) by the 15th day of the second month after the month in which you performed your unpaid work, and a notice to the original contractor and the owner bySee More...See More...
Attorney at The Erikson Firm, A Professional Corporation
A supplier typically does not have retainage withheld from payments for materials. Retainage is only required for payments by the owner to the original contractor (the contractor who contracted directly with the owner). But the parties are free to negotiate their own provisions which may help ensure quality and performance. Good luck.See More...