When a subcontractor or supplier is not paid for labor or materials provided at a non-public works project, the subcontractor or supplier can file an affidavit for mechanic’s lien to protect and assert its right to payment. Public work and projects, on the other hand, are not subject to mechanic’s [...]
This is part three of a discussion of contractual claims and dispute resolution provisions. As the discussion continues, the next step in both the discussion and in most dispute provisions in construction contracts falls to mediation. Download the full article.
Last month, this column introduced the idea of claims and certain contractual and statutory elements that may affect a contractor's ability to bring claims for contract time and contract sum adjustments under contract. This month, the discussion will focus on contractual terms concerning claim resolution. Download the full article..
The Chapman Firm is proud to have assisted the City of Weslaco in this important matter. The City filed suit against its design engineer to recover damages because the City felt it has been misled into paying far too much for design services and the engineer's performance was, in some [...]
With this column, I will begin a series of discussions concerning claims and dispute resolution. The discussion will begin with contractual claims procedures and presentment provisions. Download the full article.
The E-Verify system screens for undocumented workers by comparing information from an employee's I-9 form with records maintained by the Department of Homeland Security and the Social Security Administration. A new law that took effect on September 1, 2017 makes it clear that private e-sector contractors that work for the [...]
General contractors who sub-contract portions of the work on their projects almost always include clauses in their subcontract terms and conditions that allow the contractor to withhold payment from a subcontractor in the event the subcontractor’s performance causes the contractor to experience a loss. Download the full article.
Jeff Chapman will present to the Austin Chapter of the National Association of the Remodeling Industry and their October Board meeting and membership lunch. Jeff will speak with the membership about Project Management and Dispute Avoidance. The meeting will be held at the Sunshine Camps Facility in Zilker Park on [...]
Jeff Chapman authored an article in The Advocate - The State Bar Litigation Section Report titled Contractual Notice and Opportunity to Cure Provisions. While The Advocate is directed at all practitioners who have a litigation practice and the article is written in a manner that has applicability beyond construction, the article [...]
In the June 2015 edition of Texas Contractor, I wrote a column addressing the Keys to a Successful Joint Venture. Assume that the hypothetical joint venture discussed in that column was formed, a project was awarded, and the Work has just been completed. Download the full article.