Latest News Articles
FORCE MAJEURE
What is Force Majeure? What does it really mean? Can the application of Force Majeure leave you vulnerable to damages? Force Majeure means something along the lines of an act of God or a superior force. Read More…
GUN TRUST
The National Firearms Act of 1968 (“NAF”) prohibits the ownership, possession, and use of Class 2 firearms without a proper Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) permit. Class 2 weapons include: machine guns, suppressors and silencers…. Read More…
TEXAS LEGISLATURE TACKLES ANTI-INDEMNITY
This legislative session the Texas legislature tackled “anti-indemnity” provisions. Over the past two decades, owners and general contractors began placing very onerous indemnity requirements on the subcontractors. Read More…
CLAIMS AGAINST THE TEXAS DEPARTMENT OF TRANSPORTATION
Until the case of State v. Mid-South Pavers, 246 S.W.3d 711 (Tex. App. – Austin 2007, pet. denied) (Mid-South), the Texas Department of Transportation (“TxDOT”) believed it was immune from having to pay interest and attorneys’ fees as allowed by the Prompt Payment Act. Read More…
RED FLAGS RULE
The Federal Trade Commission has issued a regulation known as the Red Flags Rule (“Rule”). This regulation is aimed at guarding against identity theft by protecting confidential personal information found in credit reports, credit applications, and any other document containing sensitive personal information. This letter will provide a brief discussion of responsibilities under the Red Flags Rule. Read More…
REMEDIES FOR NON-PAYMENT ON PUBLIC-WORK PROJECT
A recent decision by the Supreme Court of Texas establishes that subcontractors and materialmen may have more than just a claim on a payment bond on public work projects. Read More…
PROTECT YOURSELF
Do you provide a conditional lien release when paid by check? Do you send a notice of intent to lien if paid by check? Do you file your mechanic’s lien if payment was by check on the eve of your lien deadline? Read More…
DO YOU HAVE A CONTRACT?
Producers, purchasers, and users commonly negotiate contracts involving the sale of goods. These negotiations are regulated by the Texas Business and Commerce Code, particularly sections 2.201(a) and (b). Read More…
QUESTION: What is one of the easiest ways to lose your mechanic’s lien?
ANSWER: Failure to identify the amount of material delivered to each lot. Read More…
