William C. (Bill) Little is a Texas construction attorney with over 20 years of experience. Bill earned a law degree from Texas Tech University School of Law and a B.B.A. in business management from Texas A&M University. Bill has experience representing general contractors, subcontractors, and property owners in resolving construction disputes, including through negotiation, arbitration, and litigation. More...
The home owner's insurance company has a contractual relationship with the property owner, so contractors usually do not have any contract rights against the insurance company. Since the property owner entered into an agreement with the contractor, it is with the home owner where you have the most leverage. If certain conditions are met, contractors can perfect a lien against the property if the home owner does not pay for the repairs. DealingSee More...See More...
Ideally you should obtain a new certified title from the TX Department of Motor Vehicles (DMV) so that you can sign over the title to the buyer. The buyer then has to register title in his name or else the vehicle will continue to be registered in your name with the State. If you sign over the title but the buyer does not take the steps to register it, here is another option. This is on the DMV wesite <txdmv.gov/motorists/buying-or-selling-a-vehicle> : Vehicles are reqSee More...See More...
Great question. The quick answer is that a change order agreed upon by you and the GC is usually enforceable. Reaching an agreement via texts should be okay unless your contract with the GC requires that all COs be in writing and signed by both parties, for example. Other relevant questions that come to mind are: after the GC approved the CO, did you incur any costs to mobilize? Did you provide the requested labor or materials? Did the GC accept your See More...See More...
When a company such as the GC files for bankruptcy, the Bankrupcty Code provides for an "automatic stay" ... meaning that all collection efforts against the GC must stop. Violating that stay can result in penalties. That being said, you may still have other options. To pursue a claim against the GC in the bankruptcy case, there is a process to file a Proof of Claim by the deadline set by the court. You may also have the ability to go after any retainage being withSee More...See More...
Without knowing more about the situation, generally speaking you might have rights to assert a lien against the owner's property where the project took place. You might also be able to make a claim against any retainage being withheld by the project owner that is owed to the GC. You may also have a breach of contract claim against the GC for failure to pay what is owed. The Texas Property Code has strict deadlines for giving notice to both the GC and See More...See More...