The general prohibition against waiving lien rights under Chapter 53 of the Texas Property Code has been written about extensively, and is well known through the industry. However, the Construction Trust Fund Act (Ch. 162 of...more
Texas surety law contains obscure procedural rules that can have outsized consequences. Chapter 43 of the Civil Practice and Remedies Code is an important example....more
2/11/2020
/ Construction Contracts ,
Construction Project ,
Contract Disputes ,
Contract Drafting ,
Contract Negotiations ,
Contract Terms ,
Federal Rules of Civil Procedure ,
Payment Bonds ,
Performance Bonds ,
Personal Guaranties ,
Subrogation ,
Suretyships ,
Waivers
The Fourteenth Court of Appeals in Houston recently issued an opinion that will have profound impacts on mineral liens and contractual provisions purporting to waive mineral liens. The question of whether or not a pre-work...more
12/31/2019
/ Appeals ,
Commercial Bankruptcy ,
Contract Terms ,
Liens ,
Master Service Agreement ,
Mineral Exploration ,
Mineral Leases ,
Minerals ,
Oil & Gas ,
Parent Corporation ,
Public Policy ,
Summary Judgment ,
Void and Unenforceable ,
Waiver of Rights ,
Waivers ,
Well Drilling
Historically, subcontractors and suppliers were compelled to sign onerous and overreaching lien waivers and releases in order to receive payment. In addition, many subcontracts contain lien waivers lurking in the boiler...more