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Austin Construction And Real Estate Law Blog

Have non-payment issues left you considering your legal options?

As a contractor, subcontractor or other construction-connected business, your company may perform various construction-related duties for numerous people at any given time. Over the years, you may have perfected your scheduling, consultations, bids and other actions that could help you get a leg up when potentially competing with other companies for a particular job. Though most of your work goes through without much issue, you could still face risks when it comes time for payment.

You likely utilize invoices to allow the person or company for which you worked to know the cost of your services. While most people likely pay as expected, you may have run into an issue in which someone has not fulfilled an invoice. In some cases, simple requests could easily resolve this issue, but other cases may need more serious measures.

When can a seller cancel the sale?

Finding the perfect home is not easy. There are so many considerations, including price, square footage, number of bathrooms and location. Once you have found a house that checks every item on your wish list, you put down your deposit and sign a contract. You probably have a good feeling because the sellers are motivated.

Did you sell your house next? Did you put your things into storage and find a temporary home because you felt like this was a done deal? Then, for some reason, the sellers backed out. Where does this leave you?

What can you expect from a seller's disclosure?

If you've been in the market for a house for some time, you may be frustrated trying to find something you can afford that won't require a lot of repairs in a nice neighborhood. You may have visited some fragile fixer-uppers whose defects were pretty obvious, but what about the charming home with fresh paint and new carpeting?

Anyone who buys a house is taking a risk. Even a new construction has the potential for defects or faults that could cause you trouble or cost you money. This is why Texas and other states have disclosure laws obligating sellers to inform potential buyers of any known problems with the house and property.

Building a strong case over residential construction defects

Legal issues pertaining to a Texas construction project can be difficult to navigate. From breach of contract to the discovery of defects in a completed project, you may need to know how you can protect your rights and take the appropriate action to resolve your issue as soon as possible.

There are many complex issues at hand when dealing with construction defects. You have the right to pursue a beneficial outcome to your issue, but holding the appropriate parties liable for the problem may be more difficult than you presumed. Whether it is the contractor, construction company, subcontractor or developer to blame, you do not have to deal with it by yourself.

What are my rights regarding an easement on my property?

Whenever you are buying or selling a piece of property in Texas, you would be wise to be certain that you fully understand any easements on the property. An easement can be the source of various legal disputes, and knowing your rights is the first step in protecting your interests.

You may be surprised to find that your neighbor or even the public have the right to use your property in certain ways. An easement is a property right that allows people to use your property for a specific purpose without it qualifying as trespassing. Easements can be the source of complex boundary and land-use disputes.

Subcontractors: when do you file a mechanic’s lien?

You were hired by the general contractor for a construction project in Austin. The project itself went smoothly, but weeks have gone by and you have still not received payment. The general contractor has been vague about your check, and you are concerned that it may never come. Unfortunately, you spent a substantial amount of money on supplies for the job. You need to receive payment soon in order to pay your bills and the men who work with you. What can you do to secure payment?

 

What to do when a neighbor crosses your property line

Is someone else using your land? Depending where you live, It could be as minor as letting pets wander where they shouldn’t, kids playing a little too far from their own home or a fence crossing over the border. In rural or large lots, it could be something more egregious, such as hunting or even a building that crosses your property line.

Property disputes are common in Texas and, depending on the violation and the personalities involved, they can require different levels of resolution. Sometimes talking it out or reaching a compromise will do. Other situations require legal action.

Home insurance claims guide for first-time buyers

Congratulations, you've got the keys to your first home, and you almost feel settled in. Buying a home can be an overwhelming process, but who you will trust to protect your home can make for an uncertain choice as well. Every home insurance company says they offer the best protection for your home, but who will actually be there when you need them?

Here are three things to know about home insurance and the claims process:

Why do real estate developers need land surveyors?

We’ve all seen land surveyors – they’re the women and men out in fields, along roadsides and stationed on vacant city lots who are wearing orange vests and operating camera-like devices that sit atop yellow tripods. Depending on where you live, you may see land surveyors frequently. They are especially noticeable in to-be-developed areas.

Have you ever wondered exactly what they are looking at through their lenses?

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Law Office of Tom Murphy
9600 Great Hills Trail
Suite 150 W
Austin, TX 78759

Phone: 512-774-6883
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