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Pay if Pay Contract Provisions in Texas. Are they Enforceable?While doing a mini lien and bond presentation last week at NAWIC Fort Worth (a great group of ladies and a great organization) I was asked whether pay-if-pay provisions are illegal in Texas. The question sparked some lively conversation so, for those that may have that same question, here’s a bit of background and the answer: A pay-if-pay provision is a contract term whereby a party can shift the risk of owner (or upstream) non-paymen …

The Immigration Reform and Control Act of 1986 and how it affects your construction company. Happy 2021!  It’s the start of a new year and a good time to re-visit your company’s I-9 compliance. The Immigration Reform and Control Act of 1986 requires that all employers complete a Form I-9 for all employees hired after Nov 6, 1986.  The U.S. Department of Homeland Security oversees all immigration and customs efforts through Immigration and Customer Enforcement and the U.S. Citiz …

That nasty letter from the customer – we’ve all gotten complaints on the job site. The complaint? You’re behind schedule, your work isn’t being performed properly. Your materials are late, you’ve delivered the wrong materials, or maybe you’ve not delivered enough materials. Your truck didn’t show up, or any number of issues. Maybe the letter comes in the form of a 48-hour notice, or maybe just a general complaint, or maybe you got verbal approval on a change order, you did the work, and now yo …

Human resources professionals and business owners have long debated about giving references on former employees. It’s both tempting and scary to share what you know about a less‑than‑desirable former employee. You also may be eager to sing the praises of an exemplary ex‑employee you want to see do well in a future position. Before you decide whether to give in to temptation or play it safe, it’s good to know the pros and cons of giving references and sharing such information. Name, Rank and Se …

Have you ever heard someone say that a particular term in a contract is so outrageous, unfair, one sided, or ridiculous that it cannot possibly be enforceable? If you are signing a contract as a consumer, that may very well be true as there are several laws out there for the express purpose of protecting the consumer.  However, if you are signing the contract as a business, for the most part the courts presume that you are a “big boy,” know what you’re signing (even if you don’t or in fac …