What are Some Circumstances Where Having a Construction Attorney is Necessary?

Cesar MontalvoConstruction Law

A construction attorney can be hired as a safety measure or in a litigation situation. Sometimes, contractors need a construction attorney when they are having trouble getting paid. A lot of construction cases revolve around getting paid. For instance, if an owner believes that the contractor did not satisfy their contact, they may withhold payment also known as “retainage”. As …

How to Make Effective use of a Mechanic’s Lien

Cesar MontalvoConstruction Law

A mechanic’s lien is great tool. The constitution supports the lien for material men. You can always use it to leverage your position to get paid. Construction disputes are largely about money issues. As long as you do your work and comply with either a statutory lien or constitutional lien, you always have the opportunity to leverage the owners’ property …

The Importance of Signing a Contract

Cesar MontalvoConstruction Law

A contract is basically an agreement between two parties creating a legal obligation for both of them to perform specific acts. Each party is legally bound to perform the specified duties such as rendering a payment or delivering goods. A contract may be used for various transactions, including the sale of land or goods, or the provision of services. They may …

What is a Construction Lien?

Cesar MontalvoConstruction Law

We have all heard of the term “lien”, but few people (including lawyers) can explain their meaning and significance. At The Law Offices of Cesar A. Montalvo, we explain it as a “a legal security” for payment.  A lien is proscribed by statute (enacted by our legislature) or in equity (provided by common-law principles).  In Texas, both our Constitution and …