Kelly M. Davis & Associates, LLC - Dallas Construction Attorney

Law Changes: Mandate Attorney’s Fees in Foreclosure Actions and Higher Interest in Contract Claims Against Local Government

Over the last several months I have written about several of the law changes that were produced by the 82nd Texas Congressional Session. First was the change in the contract indemnification laws, I then wrote about the changes involving lien waivers and retainage notices. Well these last two involve two relatively small changes to the [...]

Law Changes: Mandate Attorney’s Fees in Foreclosure Actions and Higher Interest in Contract Claims Against Local Government is a post from: Kelly M. Davis & Associates, LLC - Dallas Construction Attorney

How to Bond Around a Mechanic’s Lien

I received an email the other day asking if there was a standard form for bonding around a mechanic’s lien, so I thought it would be a good topic to write out how you actually go about bonding around a lien. I think the first step is looking at all the options that are available [...]

How to Bond Around a Mechanic’s Lien is a post from: Kelly M. Davis & Associates, LLC - Dallas Construction Attorney

Mechanic’s Lien Research to Protect Yourself

Have you ever gotten into a job and started hearing some bad rumors; such as, you might not get paid for your work? Or the GC on this job doesn’t pay retainage? Well a couple years ago I wrote this article: Are you going to get paid ask a construction Lawyer to show that Attorneys [...]

Mechanic’s Lien Research to Protect Yourself is a post from: Kelly M. Davis & Associates, LLC - Dallas Construction Attorney

Law Changes: Lien Waivers and Retainage Notices

In addition to the new indemnification laws that we discussed during the last blog post, there are other laws and bills that were passed that greatly affect the construction industry. One of them is HB 1456 the other is HB 1390 you can find the full text of the new laws here: TX HB 1456 and [...]

Law Changes: Lien Waivers and Retainage Notices is a post from: Kelly M. Davis & Associates, LLC - Dallas Construction Attorney

Beware of the Changes in the Contractual Indemnification Laws in Texas

On January 1, 2012, a new law will go into effect that is known as the Anti-indemnification Bill (HB 2093). This will affect most construction contracts that are currently being used. Currently, most contracts that the General Contractor requires sub-contractors to sign have an indemnification clause that limits the GC’s own liability and holds it [...]

Beware of the Changes in the Contractual Indemnification Laws in Texas is a post from: Kelly M. Davis & Associates, LLC - Dallas Construction Attorney

Valid Eviction: Basics to the Eviction of Renters in Texas

What is an eviction suit? In Texas, a suit to evict a tenant is known a suit for forcible detainer. If you have a tenant in a property you own who is not willing to vacate the premises voluntarily, the only legal means of removing such tenant is through an eviction proceeding in a court of [...]

Valid Eviction: Basics to the Eviction of Renters in Texas is a post from: Kelly M. Davis & Associates, LLC - Dallas Construction Attorney

Lien Releases: Look Before You Leap – Part 2

Last time I started to talk about the pitfalls that may arise from not reading lien releases more carefully. You can read it here: Lien Release – Part 1. This time I continue to expand on more issues that might arise from lien releases. Prohibiting yourself from collecting on additional work performed was one of [...]

Lien Releases: Look Before You Leap – Part 2 is a post from: Kelly M. Davis & Associates, LLC - Dallas Construction Attorney

The Importance of Following Corporate Formalities

In some of my daily reading I ran across a post by Christopher G. Hill, a construction attorney in Virginia. It hit home because it feels like I’m continually working with clients helping them understand the importance of how they run certain aspects of their business, and this is an area that often times gets ignored. [...]

The Importance of Following Corporate Formalities is a post from: Kelly M. Davis & Associates, LLC - Dallas Construction Attorney

Lien Releases: Look Before You Leap – Part 1

In the construction industry, acknowledging payment for goods and services is common. Such acknowledgments come in many forms. They may be referred to as a waiver of lien, release of lien, or they may refer to a release or waiver of claims. They may be conditional or unconditional. They may be partial or final. Many [...]

Lien Releases: Look Before You Leap – Part 1 is a post from: Kelly M. Davis & Associates, LLC - Dallas Construction Attorney

CHANGE ORDERS – The Good, The Bad, and The Ugly – Part 2

So last time, we answered some of the most common questions we hear regarding the change order process. This week, I want to concentrate on various cases that have come down in Texas that relate to construction change orders and specifically discuss how these cases affect you the contractor. If you read nothing else in [...]

CHANGE ORDERS – The Good, The Bad, and The Ugly – Part 2 is a post from: Kelly M. Davis & Associates, LLC - Dallas Construction Attorney