Exercise your lien rights and be prepared for any legal battles on the horizon - don't be caught off guard!
Know your rights and obligations under the Construction Trust Fund Act. Attend this seminar and learn strategies for tackling lien and bond issues in any project. Find out how to efficiently collect payment for your work or supplies - or protect your property from unwarranted liens. Learn how you can succeed in the litigation and foreclosure of mechanics liens. You will also learn how to use the Construction Trust Fund Act to collect your money even if you did not perfect your mechanics lien.
Handling construction payment disputes in Texas can be a turbulent process, but armed with the necessary legal knowledge, you can successfully manage even the most complex and costly situation. Register today!
This seminar will be presented by R. Wes Johnson, William W. Sommers and Thomas J. Walthall Jr.
8:00 am – 8:30 am Registration
8:30 am – 10:00 am Perfecting the Mechanics Lien for Construction Projects in Texas
Overview of Mechanics Liens
Fund Trapping Notice
Deadline for Filing the Lien Affidavit
The Lien Affidavit and Notice of the Lien Affidavit
Requesting Information From the Owner, Contractor or Subcontractor
Residential Construction Projects
The Constitutional Lien
Miscellaneous Lien Issues
Affidavit of Completion
Calculating the Lien Amount
Bonding Around Lien Claims
Summary Proceeding to Declare a Lien Invalid or Unenforceable
10:00 am – 10:10 am Break
10:10 am – 12:00 pm Litigation of Mechanics Liens and Payment Bond Claims: 'OK, My Lien Is Filed, Now What?'
Evaluating the Litigation Claim: Perfection and Priorities
Costs and Benefits of Litigation
Common Lien Claim Fact Patterns
Parties and Discovery
Prompt Payment Act
12:00 pm – 1:00 pm Lunch (On Your Own)
1:00 pm – 1:45 pm Litigation of Mechanics Liens and Payment Bond Claims: 'OK, My Lien Is Filed, Now What?' (Continued)
Trust Fund Violations
The Dtpa and Rcla
Payment Bond Claims
The Removables Doctrine
1:45 pm – 2:15 pm Legislative Update
New Legislation Affecting the Construction Industry
2:15 pm – 2:25 pm Break
2:25 pm – 4:30 pm Texas Construction Trust Fund Act
Nature and Purpose of the Act
Who Is Exempt, a Beneficiary, a Trustee?
Intent to Defraud
Defenses to a Claim
Recovery of Attorney Fees