Brown McCarroll Attorneys at Law

The Texas Legislature has enacted new laws specifying requirements for lien waivers and releases. These new laws protect laborers and materialmen by preserving their lien rights until they get paid. The old, common practice of forcing subcontractors to sign otherwise enforceable “blanket lien waivers,” in exchange for the privilege of working on a project, is now gone.  Importantly, the new law provides specific form lien waivers and releases.

The fact situation can play out in a million ways, but for our purposes let's just dial back to the 1980s to illustrate the point.  The economy is booming.  Demand has spiked for commercial real estate – especially office buildings and retail centers.  City centers are being transformed by new trophy buildings that pierce and alter the skylines of Dallas and Houston.

As you might imagine, there are some recurring issues in construction litigation.  One of those issues – because it can make, break, or just plain weaken a case – is the statute of limitations.  Regardless of which side of a construction claim you may find yourself, and regardless of whether the claim(s) will be governed by a two-year limitations (torts and Texas Deceptive Trade Practices Act) or a four-year limitations (contract and breach of warranty claims), it is good to be aware of when the limitations clock begins ticking.

It is no surprise that contractors want to protect themselves against claims from owners concerning construction defects.  Such claims can be costly in terms of time and money.  In some cases, owners can make unreasonable demands and allege that a construction contract has certain requirements that it may not have.  Perhaps they have a skewed sense of aesthetic that calls for a look that was not contemplated by the parties, or the defects are so minor as to be inconsequential.  Conversely, there may be major construction defects that affect the structural integrity of the building, or the health and safety …

Is a certificate of merit required for a non-negligence claim against an engineer or an architect? 

Payment and performance bonds are creatures of statute and contract law. On Texas public projects, they are in a form approved by the Attorney General of Texas and the Texas Department of Insurance. On Miller Act Projects, they are generally in a form approved by the Federal Acquisition Regulation System.

Claimants asserting bond claims must take great care to properly perfect such claims. The first step any surety will take in analyzing such claims is to determine if a claim may be denied for failure to properly perfect. Claimants asserting bond claims must take great care to properly perfect such claims. The first step any surety will take in analyzing such claims is to determine if a claim may be denied for failure to properly perfect. Under the Texas Insurance Code, a surety has specific duties and obligations to investigate, accept or reject, and, if perfected, pay a bond claim.

This post is the first in a three-part series regarding the role of surety companies in construction projects. Parts 1 and 2 will address sureties in general, including the different types of bond claims and the surety company’s duties when a claim is made. In Part 3, we look at the issues that may arise for surety companies when a contractor files bankruptcy.

Many architects and design professionals may not realize that federal copyright law protection extends to their work. This protection includes not just an architect’s drawings and plans, but also buildings constructed from those plans. Because copyright laws can have considerable impact when determining legal rights with respect to architectural design and construction, architects should be familiar with their rights under copyright law.

Securing a mechanic’s lien can be tricky.  There are deadlines imposed by statute for sending out notices of non-payment, filing lien affidavits, serving notices that a lien has been filed, and suing to foreclose on a lien.  Furthermore, notices of non-payment and lien affidavits must contain certain information and be sent a certain way in order to be considered valid.  If these requirements are not met, you could lose your right to enforce your lien.

The following are six steps you should take in enforcing your lien rights, based upon pertinent sections of the Texas Property Code. …