- Posts by Emily A. PendletonAssociate
Emily 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 ...
In September 2021, the Texas legislature made major changes to the construction lien statutes in Chapter 53 of the Texas Property Code. All of the key players in the construction industry (owners, contractors, subcontractors, suppliers, architects, engineers, landscapers, and sureties) are affected.
This ...
MoreStatutory 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 ...
MoreIf 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 ...
MoreRecent Posts
- Are Forum and Choice of Law Provisions in Texas Construction Contracts Enforceable?
- Where Is “As Is, Where Is” in Texas? The Impact of Contract Disclaimers on Tort Claims in Texas
- Texas-Sized Exceptions: Applicability of Chapter 59 Could Potentially Affect Contractors
- Supreme Court Narrows Subject Matter Jurisdiction in Arbitration
- Two Key Takeaways from the 35th Annual Construction Law Conference in Texas
- Prime Contract Dictates Extent of Subcontractor Mineral Lien in Pearl Resources Case
- Legislative Update: A Practical Guide to the Most Significant Changes in Texas Lien Laws
- Texas Legislature Ends Lonergan’s Reign
- 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
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