Law Office of Tom Murphy | Austin Construction And Real Estate Law Blog
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The Law Office of Tom Murphy blog seeks to inform Austin, Texas residents of current events and legal information about Construction And Real Estate Law.
Law Office of Tom Murphy | Austin Construction And Real Estate Law Blog
2m ago
Your construction company prides itself on carrying out high quality work for a fair price. Thus, you often attract new customers while also managing to retain existing clients. Unfortunately, customers don’t always live up to their side of the bargain, and they may refuse to pay even when you have completed the work to a high standard. What are some of the most common excuses for non-payment? Claims that the work was defective Part of your process is to carefully monitor jobs as they evolve. You provide opportunities for feedback at every stage of the construction work. This allows you to mak ..read more
Law Office of Tom Murphy | Austin Construction And Real Estate Law Blog
2w ago
Americans are living closer together than ever – not just in urban areas, but in many suburban areas as well. That means the walls that separate our properties can have a big effect on our quality of life – and can be the source of serious disputes. These common or shared walls between two separately owned properties are often known as “party walls.” They can be outdoor walls that separate two single-family houses or interior walls that separate two condominiums or townhouses. Oftentimes, they separate two businesses – whether in a strip mall or commercial high-rise. Contrary to popular belief ..read more
Law Office of Tom Murphy | Austin Construction And Real Estate Law Blog
2w ago
Home inspections are important, as they provide buyers with valuable insights into the condition of a property. They help uncover potential issues that may not be immediately visible, allowing buyers to make informed decisions about their investments. If a home inspector fails to identify significant problems or provides inaccurate information, it can lead to costly repairs or safety concerns for a buyer. As a result, it may be possible to sue a home inspector on any of the following grounds. Breach of contract Home inspectors are held to a standard of care outlined in their contract with the ..read more
Law Office of Tom Murphy | Austin Construction And Real Estate Law Blog
1M ago
Prescriptive easements can significantly affect land ownership and use. Understanding the concept of a prescriptive easement, how one is established, and its implications for property owners is essential for anyone involved in real estate or land use. In Texas, a prescriptive easement is established through the continuous, open and notorious use of another's property without the owner's explicit permission for a period defined by state law. It must be so obvious that it allows the legal owner to notice and challenge it. Legal requirements and recognition For a prescriptive easement to be legal ..read more
Law Office of Tom Murphy | Austin Construction And Real Estate Law Blog
2M ago
When it comes to construction and property development, the term “mechanic’s lien” holds significant weight. It’s a legal concept designed to protect contractors, subcontractors and suppliers, helping ensure they receive payment for their services and materials. A mechanic’s lien is a legal claim that construction-related professionals can file against a property under specific collections-related circumstances. This legal remedy exists to prevent property owners from benefiting from improvements without compensating the parties responsible for those enhancements. Key components of a mechanic ..read more
Law Office of Tom Murphy | Austin Construction And Real Estate Law Blog
2M ago
Lakes come in all shapes and sizes in Texas. Some lakes are small and may only hold water during certain parts of the year. They may dry up when the weather is hot or rain is scarce. Other lakes cover numerous acres and are present year-round regardless of environmental conditions. Under the Texas constitution, all public lakes technically belong to the state and should therefore be accessible to members of the public. However, property around lakes often commands a premium price and belongs to private property owners. Can a landowner prevent people from accessing a lake in Texas? Lake access ..read more
Law Office of Tom Murphy | Austin Construction And Real Estate Law Blog
2M ago
Subcontractors are construction professionals who primarily do their jobs on a project basis. They may work with one company or a variety of different construction firms. In some cases, they may even take work from homeowners directly. When subcontractors accept a project involving a property, the company that hires them has an obligation to pay them. Unfortunately, even when construction firms receive payment in full for a project, they do not necessarily make good on their obligations to subcontractors and material providers. Sometimes, parties that have contributed substantially to a constr ..read more
Law Office of Tom Murphy | Austin Construction And Real Estate Law Blog
3M ago
Size notwithstanding, construction projects are huge undertakings – both logistically and financially. Even a well-thought-out project can face challenges that can lead to a cost overrun.
Construction cost overruns happen when the project cost exceeds what was budgeted for. And this can be caused by a myriad of reasons. Here are the common ones:
Cost estimation errors
A construction cost overrun can happen long before breaking the ground for the project. When the bidding process is too competitive, it is not uncommon for contractors to seek to win by “outbidding” each other. And one way they d ..read more
Law Office of Tom Murphy | Austin Construction And Real Estate Law Blog
3M ago
Suppose you have a big yard that you are not currently using. Your neighbor, whose yard is considerably smaller, has a child who is a rising young soccer star. One day, you notice that the child’s soccer goal has been moved to a section of your property. Should you continue to allow this encroachment or ask them to move it back? It might seem like the easiest and kindest thing is to let the child continue to practice his soccer goals on a portion of your property. But that decision could come back to haunt you. Below are some considerations to understand before ceding access. You could be liab ..read more
Law Office of Tom Murphy | Austin Construction And Real Estate Law Blog
4M ago
Real estate boundary disputes can quickly escalate into major conflicts, creating tension between neighbors and potentially leading to costly legal battles. Proactively addressing these issues and seeking resolution before they escalate is not always possible. Sometimes, litigation is the only way to resolve a contentious and consequential boundary issue. With that said, there are times when a property owner may approach a lawyer, convinced that they have no other options than to go to court, only to discover that it is possible to settle their contentious concerns in other ways. Address ..read more