Construction Act Form 9 In Texas

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

Description

A detailed analysis of the laws affecting construction contracts including:


" Offer and acceptance;

" Written agreements: integration and merger;

" Mutuality and consideration;

" Expressed and implied obligations;

" Waiver and Disclaimer of Implied Warranty of Habitability;

" Breach and Enforcement: finding materiality and damages;

" Remedies and Procedure in Actions Involving Building and Construction Contracts;


Also includes sample forms from the USLF Website as follows:


" Sample Contract Clause Limiting Remedies;

" Non-Waiver Agreement between Contractor and Owner Regarding Accepting Late Payments;

" Sample count in suit for rescission;

" Petition for Rescission of Contract Failure of Contractor to Obtain Building Permit;

" Complaint for Damages, Specific Performance of Contract, and
Appointment of Special Master to Oversee Construction against Contractor and Agent's Breach of Contract to Construct House;

" Sample Construction Contract Change Order; Sample contract clause regarding arbitration;

" Labor and Material Payment Bond;

" Contract For Construction of a Commercial Building;

" Mechanics' Liens;

" Construction defects;

" Licensing Issues in Mississippi;

" E-discovery; and

" Electronic Message Archiving;

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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

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FAQ

The answer to your question is generally no. If someone wants to put a lien on the property, they must get the court's approval to do so. For example if it is a contractor, then they must advise the owner of their intent to place a lien on a home.

Under the changed law, a licensed professional, including an architect, engineer, designer, and surveyor, doesn't need to have a direct contractual relationship with the owner to have lien rights. Now, landscapers aren't required to have a written contract to file a lien claim.

Contractors can file a lien on a property without a written contract in most cases. However, if the project in question is on a residential homestead property, a written contract must be filed in the local property records and is required to enforce mechanic's lien filing rights.

A contractor has until the 15th of the third (and sometimes fourth) month after they have finished the work to file their Mechanic's Lien Affidavit. This means there could be a 90-120 day window where only the contractor and the property owner know that there is a debt owed to the contractor.

The state of Texas doesn't require general contractor licenses, so there's no need for renewal at the state level.

You can file suit against the contractor. Since he is not responding to you, you can file suit for negligence and breach of contract (if you had a written contract with the contractor). You can file suit in a small claims action in Texas Justice Court—the court that handles small claims matters in Texas.

If entering as a sole proprietor or single-member LLC, enter your individual name as shown on your 1040/1040A/1040EZ. You can enter your business, trade or “doing business as” (DBA) on line 2.

If you are self-employed, you do not need to complete Form I-9 on your own behalf unless you are an employee of a separate business entity, such as a corporation or partnership.

Submit a paper Report of Independent Contractor(s) (DE 542) using one of the following options: Downloading a fill-in DE 542 (PDF). Ordering the form to be mailed to you through our Online Forms and Publications. Printing your data directly from your computer to the DE 542 by following the Print Specifications (PDF).

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Construction Act Form 9 In Texas