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Vernon Howerton

Senior Counsel | Gray Reed
About Vernon Howerton
Vernon Howerton helps businesses avoid and resolve commercial disputes through negotiation, alternative dispute resolution and litigation, with an emphasis
on construction and government contract law. He has more than 25 years of experience helping construction owners, contractors, subcontractors and
suppliers enforce and defend their rights in disputes arising from public and private heavy civil, industrial, telecom and commercial project contracts,
including claims related to changed work, extra work, differing site conditions, defective specifications, suspensions, delays and construction defects. Vernon
has tried multiple suits to verdict or award and is member of the American Arbitration Association’s national roster of construction neutrals. He also pMore...
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Vernon Howerton's Recent Answers
Apr 3, 2023
Apr 3, 2023
From Richard Johnson
Texas
Vernon Howerton
Senior Counsel at Gray Reed
If it is a Texas City, there may be a Government Code payment bond involved. The notice requirements are a little different under the Government Code for
a bond claim than for a lien claim under the Property Code. You should consult someone who knows the difference well before April 15.
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Mar 23, 2023
Mar 23, 2023
From an Anonymous Contractor
Texas
Vernon Howerton
Senior Counsel at Gray Reed
Count the days and months from the day the work was done. The due dates don't matter. The lien dates run from the date the labor was performed or
material furnished. Generally, if you recorded hours in January, the 15th of third month notice is required by April 15. Whether you are required to give that
notice depends on who you contracted with. Deadlines also change based on completion date and other factors.
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Jan 12, 2023
From an Anonymous Contractor
Texas
Vernon Howerton
Senior Counsel at Gray Reed
Generally, a subcontractor has to file suit to enforce its properly perfected lien before the limitations period expires. If suit is not filed by the subcontractor,
his lien lapses at the end of the limitations period by statute. A bond to indemnify against lien only acts to substitute the bond for the owner's property
interest as security for the lien. You still have to prove up the underlying past due payment claim in court before you can collect against the bond. See More...
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Sep 7, 2022
From an Anonymous Contractor
Texas
Vernon Howerton
Senior Counsel at Gray Reed
If you are in Texas, there are government code notice requirements that must have been complied with to perfect your claim on the GC's payment bond.
Even if you failed to perfect, you still may have a claim against the GC for breach of contract, interest and any attorney fees you incur. Sureties frequently
ask for more information than is required by statute. There are some gray areas, but you either perfected the bond claim by giving the required See More...
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