A decision by the Texas Supreme Court either delighted or horrified Texas attorneys, depending on whether they represented consumers of construction services, construction companies or insurance companies. In Lamar Homes, Inc. v. Mid-Continent Casualty Company, an opinion delivered on August 31, 2007 and which became final in December 2007, the…
Texas Oil and Gas Attorney Blog
Challenges Ahead for Rural Water Companies in Texas
As an attorney, I have represented rural water companies in Texas for years. I have prepared their corporate documents, assisted with government grant and loan applications, and negotiated non-standard and subdivision service contracts, among other things. I have also served as an officer and as a director on the board…
Lesson for Texas Construction Lawyers: Workers from a Temp Agency Count as “Labor” Under the Texas Mechanic’s Lien Statutes
As I indicated in a previous post, a recent decision by the Texas Supreme Court contains an important lesson for Texas attorneys who represent Texas real estate owners, general contractors or subcontractors. Texas attorneys who practice construction law should be aware that, because of this decision, claims by a temporary…
Texas Supreme Court Update: Getting Construction Labor Contracts Nailed Down–A Lesson for Texas Construction and Contract Attorneys
A recent decision by the Texas Supreme Court contains some very specific lessons for attorneys who represent temporary labor services who supply workers for Texas construction projects. Temporary staffing agencies or temporary labor services have become a popular and often cost effective way for a property owner or contractor to…
Texas Real Estate Law Update: Texas Supreme Court Holds Property Owner Not Liable for Negligence of Independent Contractor
Texas real estate law generally provides that a property owner in Texas is not required to ensure that an independent contractor perform its work in a safe and non-negligent manner. In the recent case of Central Ready Mix Concrete Company, Inc. v. Luciano Islas, the Texas Supreme Court reaffirmed that…
Internet Real Estate Marketing In Trouble?
The digital age has profoundly impacted the way real estate attorneys and real estate brokers do business. For example, in the case of my real estate law practice, I recently represented the seller in connection with the sale of a shopping center. The property, the title company and the seller’s…
Subprime Lending Woes: A Needed Correction in Real Estate Lending Practices?
The recent media attention to the problems in the subprime mortgage market, both in Texas and nationally, may hide the fact that subprime mortgage loans serve a valuable purpose: they are loans to low-credit households that could not previously afford to own a home. First, it is important to put…
Real Estate in Central Texas Gets a “Mammoth” Boost?
Congress may soon get a chance to approve the creation of a new national park in the Waco, Texas, area. This development may prove a real boon to the local real estate market. A new park will generate the need for tourist related facilities, such as gas stations, motels and…