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Because Texas is so complicated......

Texas
Anonymous General Contractor

Is there a simple step-by-step instructional list of how to initiate the process of protecting payments in Texas? We are the GC for residential work only but we at times do large jobs in excess of $100,000 and would like to have a checklist system on what to do before we start work on the home. Maybe while architectural drawings / permits etc are in process??

2 replies

Lawyer - Mediator at Maluski Law
| 10 reviews
Jul 21, 2021
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.
My comments are intended to be general in nature, and are based on the facts that are stated. The answer can and very well may vary after a more in
depth review of the particular situation. This posting does not create an attorney / client relationship - that only happens after we've communicatSee More...
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Jul 21, 2021

Hello!

Not sure if there is a list somewhere so let's start one and see who weighs in.

1. Signed contract - Contract should be signed by ALL owners of record on the property. Not just one spouse or the other.
2. Change Orders - In writing and signed.
3. Pictures - Before the project starts to note the initial condition of everything touched.
4. Payments - Where is the deposit? General account or project specific account?
5. Progress Photos - Document your work.
6. Communications - Most communications should be in writing. Is there a place to put them or keep track of them?
7. Construction Journal - Is someone keeping track of site conditions, deliveries, subs on site, problems, delays, ... and progress photos? On a daily basis?
8. Lien Waivers - Do you have lien waivers prepared for your subs whenever they get paid?

E. Aaron Cartwright III
214.799.0776
Info@EACLawyer.com

I am an attorney but I am not your attorney... yet. The information provided here does not create an attorney/client relationship.
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