Homeownership often involves a fight against entropy and natural forces. Properties may decline in condition over time unless homeowners are proactive about maintenance and repairs. For example, even a small amount of water incursion due to compromised home systems or...
Construction Law
What is scope creep in a construction contract?
Construction projects are often creative ideas that the client pays the contractor to bring to life. The project’s goals and deliverables are known as the scope of the project. When the client starts to make changes to the project, there’s a chance that scope creep...
Do subcontractors have any leverage in construction disputes?
Payment delays, contract disputes and change order disagreements can lead to serious financial challenges when subcontractors find themselves shortchanged in construction matters. Fortunately, while subcontractors may feel they have little power against general...
Is mold growth proof of improper construction practices?
Construction defect claims often arise immediately after the completion of a project. Clients may take issue with a material substitution or with the appearance of the final project. They initiate construction defect litigation to hold the company accountable....
How long does a mechanic’s lien stay on a property in Texas?
A mechanic's lien is a legal claim against a property for unpaid construction work or materials. For contractors, subcontractors or suppliers who haven't been paid for their work, it can be a powerful tool to ensure payment. However, the clock is ticking; a mechanic's...
Damages you can recover for a construction defect
You put in the necessary resources and trusted your property would be built properly, but you’re now facing issues that could cost you time and money. Whether it’s minor cosmetic flaws or significant structural problems that affect the property’s safety and...
Unforeseeability and force majeure clauses in construction
Most everyone in the construction business in Texas is familiar with “force majeure” clauses and includes them in their contracts. From hurricanes to flooding and more, Texas experiences a wide range of weather events that can be catastrophic. Any one of these...
When can construction companies substitute key materials?
Every property owner contracting for construction work has different standards and expectations. Particularly when businesses want to renovate historical edifices or when homeowners want to improve high-value properties, the use of specific materials may be a key...
What to know before buying or building a Texas beachfront home
If you’re buying or building a beachfront home on Texas’ Gulf Coast – especially if you’ve moved here from another state – you may be surprised to learn that you don’t get full private beach access around your property. That’s because public access to Texas beaches...
Who can secure a mechanic’s lien in Texas?
Construction projects are very expensive. They involve risk for both the homeowner and the construction professionals performing the work. Homeowners can never be completely certain of the quality of labor that they may receive, while those performing the work have to...