About Tony Maluski
I am a board certified construction lawyer based in Houston with a state wide practice.
Tony Maluski's Recent Answers
Jun 10, 2021
Jun 10, 2021
From an Anonymous Contractor
TexasLawyer - Mediator at Maluski Law
If you are an "original contractor," i.e., you have a direct contractual relationship with the owner, you have a constitutional mechanic's lien on top of the
statutory scheme. The constitutional lien does not have any particular filing requirement, although filing a lien affidavit does help on lien priority issues.
statutory scheme. The constitutional lien does not have any particular filing requirement, although filing a lien affidavit does help on lien priority issues.
Jul 13, 2021
Jul 13, 2021
From an Anonymous Contractor
TexasLawyer - Mediator at Maluski Law
No, this clause does not prevent you from sending notices or filing your mechanic's lien affidavit.
Aug 12, 2021
From an Anonymous Contractor
TexasLawyer - Mediator at Maluski Law
Owners acting in good faith routinely have enforceable lien affidavits filed against their property. Protecting those good faith owners is what retainage and
funds trapping is all about.
funds trapping is all about.
Jul 21, 2021
Jul 21, 2021
From an Anonymous Contractor
TexasLawyer - Mediator at Maluski Law
This is a subject that needs to be addressed in the contract documents you have with your customer, the homeowner. Getting an experienced construction
attorney with residential experience to put those together for you would be money well spent.
attorney with residential experience to put those together for you would be money well spent.
Jul 15, 2021
From an Anonymous Contractor
TexasLawyer - Mediator at Maluski Law
This would be a commercial property. A "residence" is a building used or to be used for residential purposes by one of the owners. The definition is at Texas
Property Code Section 53.001(8). Link: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.53.htm#53.001
Property Code Section 53.001(8). Link: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.53.htm#53.001
Details
Location
Houston, TX
Expertise Area
Construction Law
Licenses
Texas
Federal - Southern, Eastern, and Northern Districts