RFI Blog

RFI Blog

Legal Insights and Best Practices for
Texas Construction Professionals & Government Contractors

Category Archives: Subcontractors

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Taking Focus on the “Scope of Work”

Posted in Best Practices, Contract Negotiation, General Contractors, Subcontractors
  One of the most important aspects of any agreement is the scope of work to be performed.  All too often disputes arise between general contractors and their subcontractors concerning the scope of the subcontractor’s responsibilities after work has begun. It is not difficult to imagine a scenario where the project work has begun and the… Continue Reading

Sham Contracts and the Constitutional Mechanic’s Lien

Posted in Mechanic's Liens, Owners, Payment, Subcontractors
Compared to prime (general) contractors, it is much more difficult for subcontractors to perfect lien and bond claims on private projects.  Subcontractors must give timely notice of non-payment to the owner.  If the subcontractor claimant does not have an agreement with the prime contractor, notice must also be given to the prime contractor.  Failure to… Continue Reading

Hell Hath No Fury Like a County Clerk Scorned

Posted in Best Practices, General Contractors, Mechanic's Liens, Payment, Subcontractors
  After struggling to cobble together your mechanic’s lien affidavit, you’ve driven 150 miles to reach the county clerk’s office before close of business. Today is the filing deadline.  No worries, you made it!! But now you stand toe-to-toe and face-to-face with a clerk that refuses to record your claim.  WHAT NOW??? More often than… Continue Reading

When a Handshake is Not Enough – the Change Order

Posted in Best Practices, Change Orders, Contracting, Subcontractors
Any construction contract worth its salt includes provisions for modifying the agreement, either by agreement or by unilateral action.  The most common modifications increase or decrease the contract scope, contract dollar amount and time.  Commonly referred as a “change order”, when used correctly and consistently, this instrument works to avoid disputes when payment becomes due,… Continue Reading

Criminals in the Construction Industry – Texas’ Trust Fund Statute

Posted in Best Practices, General Contractors, Owners, Payment, Subcontractors
Do you know any criminals?  If you have worked in the construction industry for very long then the likely answer is, “Yes”!  I’m not talking about folks that you believe are cheats, scoundrels and liars.  Nope.  Instead, I’m talking about contractors, subcontractors and owners that misapply funds for construction projects received for the benefit of those… Continue Reading

Avoid Being Bitten by Spoliation

Posted in Best Practices, General Contractors, Owners, Subcontractors
  Don’t lose downstream claims correcting construction defects. Your project did not go well. Subcontractors performed poorly, the architect was impossible and delivery occurred late.  You were lucky to break even and glad to be finished.  A couple of years pass and the phone rings.  It’s the owner.  The project is now leaking and merchandise… Continue Reading