by Kent Holland | Jan 9, 2023 | Newsletter Article
A lien waiver form titled “Waiver of Lien to Date” was revised by the subcontractor in handwriting by striking out the words “to date” and writing in their place “Partial.” The contractor then paid the subcontractor $33,448 per the release but refused to pay an...
by Kent Holland | Jun 25, 2018 | Newsletter Article
A prime contractor on a federal government contract was held to have waived pass-through claims of its subcontractor by virtue of having signed a series of lien waivers and releases. To receive payment under the subcontract, the Sub was required to sign these periodic...
by Kent Holland | Dec 23, 2015 | Newsletter Article
J. Kent Holland, J.D. ConstructionRisk, LLC An engineer’s lien that was filed two years after commencement of the contractor’s construction of a project was not entitled to priority over a mortgage holder’s lien that was filed when construction first commenced. The...
by Kent Holland | Jul 13, 2015 | Newsletter Article
Kent Holland, J.D. ConstructionRisk, LLC Although parties are free to negotiate away a contractor’s right to recover for delay damages, the Supreme Court of Texas held that a “no-damages-for-delay” provision in a contract cannot shield a project owner from liability...
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