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Brian W. Erikson
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Brian Erikson’s Legal Guides

12 total


  • Using a Mechanic’s Lien to Get Your Money in Texas

    Texas Property Code, Chapter 53 (Private Property Mechanic's Liens) - Original Contractors Those contractors who contract directly with an owner are termed "original contractors." Original contractor

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  • Owner Paid Contractor but He Did Not Pay Subcontractor - The Texas Construction Trust Fund Remedy

    The Texas Construction Trust Fund Act, Chapter 162 of the Texas Property Code, protects subcontractors and suppliers on a construction project. The Trust Fund Act is separate and apart from the mechanic's lien provisions of the Texas Property Code, and applies whether or not the ...

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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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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