Construction payments are trust funds if they are made to a contractor under a construction contract for the improvement of real property in Texas. The contractor is a trustee of those funds until they are earned as provided by the contract and paid or disbursed from the construction account. As... View More

Additional information is required in order to properly answer this question. Is this a residential or commercial property? Is the lease a ground lease? Did the landlord consent to the work you performed? What is the status of tenant's leasehold interest in the property? Is the tenant... View More

You can so "no" and refuse to "sign off" on the repairs. You can tell the builder in writing that you are prepared to close on the agreed date but that you do not accept the repairs as having been completed in a good and workmanlike manner and that you are not waiving any right... View More

Under the 13th Amendment, an employer cannot make you work at all.

An employer can provide a job any number of days and offer to compensate you if you agree to work. If you are a non-exempt employee, the employer might be required to pay overtime if you work more than 40 hours in a week,... View More

No, a city is not required to act as surety for subcontractors. You have a valid cause of action for breach of contract against the person or entity you contracted with.

There are numerous things that could be in that subcontract to protect you from that person being paid by the City and... View More

No, there is no lien you can place against a contractor's business in this situation until you have first obtained a judgment in a civil lawsuit against the contractor.

If a new HVAC system was installed in your home, that system likely has a manufacturer's warranty. If the... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

The company that provided the dirt for your property may have the right to file a lien against your property if they haven't been paid for the materials supplied. However, whether they can actually do so depends on the laws and regulations in your specific jurisdiction. In some cases, lien... View More

In order to give you a proper analysis on your options, it would be necessary to have an attorney review your particular contract. Each contract for building projects is different, but a good one should usually contain several clauses explaining liability for change orders, when/how to dispute... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 17, 2023

On private property, such as your construction site, the property owner or their representative, like a security company, generally has the right to establish security protocols. This can include requiring identification at various points, not just at the entrance. It's part of their effort to... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 8, 2023

Your situation raises several legal concerns. Firstly, being terminated for damaging equipment you weren't operating seems unjust, especially if there's no evidence implicating you. It's important to review any employment contracts or company policies you were subject to, as they... View More

If you know who falsely told your employer that you damaged a piece of equipment and/or were on drugs, you may have a viable claim for defamation against that individual.

With respect to your employer, in the absence of a written employment agreement that precludes your employer from... View More

While I do not practice in TX, I may be able to provide some general guidance. I am assuming this was a covered loss and that what you are asking is what you can do when a carrier doesn't pay for invoices related to repairs from that covered loss. There are two main options you have and one... View More

The warranties provided by many foundation repair companies specifically address drainage, foliage, and moisture issues that can profoundly affect the performance of any building foundation.

If your warranty requires you as the homeowner to properly water the soil around your foundation,... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2023

In your situation, the first step is to thoroughly review the warranty provided by the foundation company. Understand the terms and conditions, especially those related to drought conditions and the requirement for additional piers.

If you believe the company is not honoring their warranty... View More

It depends upon the terms of your contract, when your claim accrued, and when you discovered--or by exercising reasonable diligence should have discovered--the material facts giving rise to your claim. The date of substantial completion of your home may trigger what is called the "statute of... View More

Generally, contractors like this are not employees but rather independent contractors. The key difference between an employee and an independent contractor concerns control over the work. An independent contractor controls the manner, means, methods, and details of his work. Conversely, you... View More

Yes, of course you can.

Depending on the construction project at issue, you might also see if the contractor violated the Texas Construction Trust Fund Act that imposes criminal liability in certain circumstances.

The answer to your question depends on whether your contract with the builder was a "fixed price" contract (e.g., "I will building you that house for $500,000") or a "cost-plus" contract (e.g., "I will build you that house for whatever it costs me plus 10%").... View More

Signage easement.

You may have established the basic facts for a claim for negligence (failure to properly warn) against the land owner and/or builder of the premises. Lawyers refer to this as a third party claim since you also have a claim for workers' compensation.