Author: John Roper

The Law Office of John Roper, PLLC represents businesses in construction, real estate, and business disputes.

Construction Scope of Work

The scope of work — the range of labor and materials to be provided on a construction project — serves as the foundation (pun intended) of the business relationship between the owner, architect, engineer, general contractor, and subcontractors.

texas construction project scope of work

Essentially, it is what the owner wants to accomplish in conjunction with what the contractors can provide.

Disputes may arise in a number of ways with respect to the scope of work: the scope may be improperly defined, only one party may believe certain work was included in the scope, mistakes may be made in the bidding process based upon a misunderstanding or misinterpretation of the scope, etc.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

Vendor’s Liens in Three Sentences

texas vendor's lien real estate law mortgage foreclosureA vendor’s lien is an equitable lien in favor of a party selling real estate to secure the full payment price.

 

A vendor’s lien is akin, but not identical, to a mortgage.

 

Vendor’s liens arise in certain situations automatically by operation of law, and it is not uncommon for parties today to expressly acknowledge and/or modify these types of liens in their closing documents.

 

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

Many Bills Already Filed for 86th Texas Legislative Session

Texas Legislature legislative sessionThe 86th Texas Legislative Session officially begins on January 8, 2019. Hundreds of bills have already been filed.

Here are links to the bills filed and a few, in a particular, that may be interesting to follow:

Texas Senate Bills

  • Establishment of procedure whereby certain persons can register to vote over the internet (SB 178)
  • Relating to the expression of breast milk in the Capitol and other public buildings (SB 45)
  • Increasing criminal penalties for the offense of making a firearm accessible to a child (SB 204)

Texas House Bills

  • Establishment of digital driver’s licenses and personal identification (HB 181)
  • Imposition of a civil fine for possessing one ounce or less of marijuana (HB 63)
  • Provision of temporary weapon storage when entering certain public buildings (HB 143)

And if it’s not enough to make you scream, whether to abolish daylight saving time remains a popular issue (SB 190; HB 49).

Please note that these are not laws. These are proposed laws. The Texas Legislature allows you to track bills through the legislative process on their website.

Our Tips & Resources posts are intended to provide general educational information. Like all other material on this blog, it is not a substitute for legal advice.

What is an “Owner’s Representative” on a Construction Project?

texas construction owners representative cast charactersThe role of an “Owner’s Representative” was not included in our Cast of Characters post. This is because they are not (1) commonly employed on many projects (at least in my experience); or (2) easy to define in a manner that is uniform across the construction industry. And some people just consider them to be lumped in with the “Owner” role anyway.

In actuality, the role of an “Owner’s Representative” is as amorphous as the different titles by which such person may be known. Titles by which such a person may be formally known include the “owners’ agent,” “consultant,” “construction manager,” or others. Regardless, the person’s substantive role is more important than his or her title.

As used here, “Owner’s Representative” means a person not the employee of the Owner of the construction project or affiliated with the General Contractor or Designer in any manner, who has specialized knowledge and/or experience with respect to a particular type of project, who is retained by the Owner, may serve as the Owner’s eyes and ears on the project, and may provide the Owner independent advice during the design and/or build phase of the project.

Despite this attempt at a global definition, the most accurate definition and scope of the role of an “Owner’s Representative” on any particular project is primarily encompassed by the agreement itself between this person and the Owner. So you should learn it!

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

Hospital and Emergency Medical Services Liens

Hospitals and emergency medical service providers (“EMSPs”) are allowed a statutory lien to secure payment for certain of their services.

texas hospital emergency medical service provider lienA hospital has a lien on a legal claim of a person who receives hospital services for injuries caused by an accident that is attributed to the negligence of another person. In a similar vein, an EMSP has a lien on a legal claim of an individual who receives emergency medical services (in a county with a population of 800,000 or less) for injuries caused by an accident that is attributed to the negligence of another person.

To secure the lien, the hospital or EMSP must (1) provide a particular notice to the injured individual; (2) file written notice of the lien with the county clerk of the county in which the services were provided before money is paid to an entitled person because of the injury.

For the lien(s) to attach, the individual must be admitted to a hospital, or receive the emergency medical services, not later than 72 hours after the accident. The liens do not attach to real estate owned by the injured individual.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.