Auto Repair Shop's Rights and Process to Sell Customer Vehicles
Mar 13, 2013
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 perfe...
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Covenants Not to Compete in Texas
Jul 14, 2012
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. ...
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Vehicle Repair Shop Lien in Texas
Feb 02, 2011
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 s...
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Hot do I file a mechanic's lien in Texas?
Dec 12, 2010
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 procedur...
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What Property Can I Protect from Judgment Creditor Seizure in Texas?
Dec 01, 2010
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 ...
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Can subcontractors file liens on my home when I paid the contractor but he failed to pay his bills?
Nov 18, 2010
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...
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Safeguarding the Owner in a Home Improvement Contract
Nov 01, 2010
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 provid...
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The Subcontractor refused to sign the subcontract, did lousy work, and wants to be paid. Now what?
Jul 06, 2010
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 di...
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Contractor Did Not Finish, But I Paid in Full – Now What?
Jun 19, 2010
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, yo...
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Owner's Liability for Injury to Contractor's Employee in Texas
Jun 16, 2010
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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