- Posts by Emily A. Pendleton
AssociateEmily Pendleton focuses her practice on construction and commercial litigation. She has experience in defending, analyzing and preparing lien, bond, and other construction related claims. In addition, she has assisted in the ...
Statutory Retainage
Texas law obligates construction owners to withhold 10% of the value of the work during the course of a project and for 30 days after final completion. This is generally known as statutory retainage. Owners should memorialize their statutory retainage obligation in their construction ...
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If you are involved in the construction industry, you have probably heard of or dealt with mechanic’s liens. The majority of work performed on private Texas construction projects will fall under Chapter 53 of the Texas Property Code, to which mechanic’s liens apply. However, certain projects involve work ...
MoreTexas Property Code Section 53.056(a)-(c) details the notice requirement deadlines that subcontractors must comply with to perfect a statutory lien on a private, commercial project in Texas. Simply put, the statute sets forth separate notice deadlines dependent on whether the claimant is a second-tier (and ...
MoreFiling a certificate of merit (“COM”) can quickly become a sticky situation for any plaintiff pursuing a claim against a design professional. Plaintiffs who comply with the COM requirements can still have their claims dismissed for various reasons. This post focuses on the necessary qualifications of the ...
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- The Texas Supreme Court Clarifies the Scope of the General Contractor’s Duty of Care to Subcontractor Employees
- Statutory v. Contractual Retainage on Texas Private Projects and the Contractual Retainage Notice
- Changing the Outside Limits: New Statutes of Repose for Government Design and Construction Claims Near Passage
- A Cautionary Tale for Contractors: Releases in Contract Modifications and Preservation of Claims
- The Impact of New Texas Discovery Rules in Delay and Disruption Claims
- If You Seek to Limit the Authority of Your Arbitrators, Your Arbitration Clause Must Be Clear
- The Anatomy of a Change Order Clause in a Construction Contract
- Substantial Compliance – When the Contract Doesn’t Always Mean What it Says
- Ready to Settle with the General Contractor or its Bankruptcy Trustee, Subcontractors Should Proceed with Caution
- Recent Victory for All Texas Landowners Facing Pipeline Condemnation