Understanding Texas Homestead Creditor Protection – Texas Construction Contractor Laws & Rights
Austin, TX Construction Attorney, Bradley Reeves – Reeves Law, PLLC
Oftentimes, many contractors, subcontractors, and suppliers end up suffering at the hands of individuals who end up failing to pay for either the materials that are supplied or work that is done in terms of construction projects. Thankfully, there are all kinds of different tips that can be done in order to ensure that construction creditors no longer have to deal with any issues such as this.
Here are three of the most important tips for construction creditors to consider making note of.
*First and foremost, perhaps one of the most important tips for construction creditors is to follow all of the dispute resolution procedures that are laid out in your contract. There are many different construction contracts that contain certain dispute resolution procedures that describe the various steps that you must follow in order to be able to make a claim. Oftentimes, these include notification deadlines and certain alternative dispute resolution procedures like mediation or arbitration, both of which can be used as either an alternative or prerequisite to litigation. It’s always important to ensure that you follow these deadlines and procedures so that you don’t later be determined to have waived your right to make any kind of a claim.
*Another important tip for construction creditors is to never be deceived into waiving any of your collection rights. Oftentimes, many people in the construction industry are fully aware of all of the important deadlines in terms of pursuing construction claims, while others aren’t. There are some individuals who will attempt to lure creditors who are unsophisticated into a more false sense of security with promises that their check is in the mail or many other false assurances. These are tactics that could end up continuing until the debtor is able to confirm that the creditor has missed any important construction claim deadlines. This is an issue that you can avoid by taking the time to make note of important dates in order to pursue all of your construction remedies, as well as informing the debtor that you are aware of these deadlines and will also act to protect all of your rights to collection prior to the expiration of the deadlines themselves.
*One other important tip for construction creditors is to do everything in your power to avoid both lawsuits and attorneys. When it comes to attorneys, these can be expensive, and litigation is something that can often not be the most efficient way to resolve a dispute. As a result, before making the decision to hire an attorney, you will first need to do your best to exhaust any and all reasonable efforts to obtain a resolution. Keep in mind that oftentimes, it’s much better to compromise and receive payment early as opposed to dealing with a year or longer of issues such as business disruption, expense, anxiety, and so much more. One common outcome of any construction dispute is settlement prior to trial with both sides covering their own attorney costs and fees. If you find that you’re able to use your own negotiation skills to achieve a more reasonable resolution before it’s actually necessary to pay for an attorney, you will find that you’re much better off.
Reeves Law, PLLC, located in Austin, Texas handles cases in a variety of legal practice areas. The professionals at Reeves Law are committed to providing personalized attention to their clients. The competent team will work to ensure the most favorable outcome possible in every case. Contact Reeves Law for more information on the legal services they provide and for a free consultation tailored to your specific needs.