Laws For Contractors In Houston

State:
Multi-State
City:
Houston
Control #:
US-00102BG
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

The document provides a comprehensive overview of the laws governing construction contracts in Houston, emphasizing the essential elements such as offer and acceptance, sufficiency of consideration, and mutual obligation. It outlines the legal requirements for construction contracts, including the necessity for a written agreement to avoid consumer protection violations. Key features discussed include liability for construction defects, implied warranties, and the obligations of contractors and owners regarding payment and performance. Filling instructions are indicated for ensuring that contracts reflect mutuality and consideration adequately. This form serves as a valuable resource for attorneys, partners, owners, associates, paralegals, and legal assistants involved in contract negotiations, dispute resolution, and ensuring compliance with Houston's construction regulations. Specific use cases include drafting contracts, pursuing claims for breach, and understanding remedies available to both contractors and property owners in cases of non-performance or defects.
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  • Preview Contracting and Construction Law Handbook
  • Preview Contracting and Construction Law Handbook
  • Preview Contracting and Construction Law Handbook
  • Preview Contracting and Construction Law Handbook
  • Preview Contracting and Construction Law Handbook
  • Preview Contracting and Construction Law Handbook

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FAQ

Houston doesn't have a general contractor license, so you don't need to worry about licensure requirements. However, you will need permits on a job-by-job basis. The Houston Permitting Center has a project planner to help you figure out which permit you will need.

Specify governing law. Identify the working relationship. Clearly define the scope of work. Specify what benefits, if any, the contractor will receive. Assign intellectual property. Include confidentiality clauses. Include a termination clause.

Acceptance of an offer: After one party makes an offer, it's up to the other party to accept it. If someone offers you $600 to walk their dogs, for example, you enter into a contractual agreement the moment you accept their offer in exchange for your services.

Factors that show you are an independent contractor include working with multiple clients instead of just one, not receiving detailed instructions from hiring firms, paying your own business expenses such as office and equipment expenses, setting your own schedule, marketing your services to the public, having all ...

Write the contract in six steps Start with a contract template. Open with the basic information. Describe in detail what you have agreed to. Include a description of how the contract will be ended. Write into the contract which laws apply and how disputes will be resolved. Include space for signatures.

Form W-9. If you've made the determination that the person you're paying is an independent contractor, the first step is to have the contractor complete Form W-9, Request for Taxpayer Identification Number and Certification.

You should consider all evidence of the degree of control and independence in this relationship. The facts that provide this evidence fall into three categories – behavioral control, financial control, and relationship of the parties.

Right to Discharge Without Liability An Employee can be discharged at any time without liability on the employer's part. If the work meets the contract terms, an Independent Contractor cannot be fired without liability for breach of contract.

Protecting Yourself as an Independent Contractor Be sure you're properly classified. Ignorance, as the old saying goes, is no excuse for the law. Beware of “Scope Creep” on the part of the employer. Be aware of your tax obligations. Protect your rights with solid contract documentation. Plan for your own benefits.

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Laws For Contractors In Houston