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Brian W. Erikson
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Brian Erikson’s Legal Guides

12 total


  • Auto Repair Shop's Rights and Process to Sell Customer Vehicles

    A repair shops rights to a lien on such cars and to sell them are set out in Texas Property Code sections 70.001, et seq., and Texas Business Commerce Code sections 9.609, et seq. The process to perfect the right to sell the cars requires notice to the persons with an interest i...

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  • Covenants Not to Compete in Texas

    As a general rule, any contract that seeks to restrain trade is illegal in Texas. That provision is set out in Texas Business Commerce Code section 15.05, which states: Sec.15.05.UNLAWFUL PRACTICES. (a) Every contract, combination, or conspiracy in restraint of trade or commerc...

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  • Vehicle Repair Shop Lien in Texas

    A motor vehicle repairer has a "possessory lien" under Texas Property Code section 70.001(a). To qualify for the "possessory lien" the repairer must possess the vehicle. There are other provisions in section 70.001(c) that would apply where the repairer has released the vehicle. ...

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  • Hot do I file a mechanic's lien in Texas?

    The procedure for filing a mechanic's lien in Texas depends on the nature of the project (whether it is residential, homestead or commercial), and who the owner may be (private or public). The procedure also depends on whether you contracted directly with the original contractor ...

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  • What Property Can I Protect from Judgment Creditor Seizure in Texas?

    Much of a judgment debtor's property in Texas is exempt (in other words, safe) from seizure by creditors, even those with a judgment. The property designated as exempt is set out in Chapters 41 and 42 of the Texas Property Code. In short, a debtor's home is protected from credito...

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  • Can subcontractors file liens on my home when I paid the contractor but he failed to pay his bills?

    The answer to this question is controlled by Chapter 53 of the Texas Property Code, which sets out the process for filing and invalidating mechanic's and materialman's liens in Texas. Under Chapter 53, unless the original contractor (the contractor who contracted with the owner f...

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  • Safeguarding the Owner in a Home Improvement Contract

    This guide is intended to highlight necessary provisions the owner should have in the contract for home improvment work. When an owner solicits bids forhome improvment work, the contractor will provide a proposal to cover its scope of work. The proposal generally will have little...

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  • The Subcontractor refused to sign the subcontract, did lousy work, and wants to be paid. Now what?

    When all else fails, a subcontractor will claim that he is entitled to money based on the legal doctrine of quantum meruit (payment for the value provided). It does not matter that the subcontractor did not sign the subcontract. The subcontractor has at least an oral agreement to...

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  • Contractor Did Not Finish, But I Paid in Full – Now What?

    It happens often the owner pays the contractor in full, but the contractor does not finish the project. Or, the contractors work is defective, and he does not return to correct it. Now what? First, you need to document the situation. You need to establish that the work is incomp...

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  • Owner's Liability for Injury to Contractor's Employee in Texas

    Texas Civil Practive & Remedies Code Chapter 95 Texas Civil Practice & Remedies Code Chapter 95 protects an owner of construction projects as long as (1) the owner did not exercise or retain control

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