Laws For Contractors In Houston

State:
Multi-State
City:
Houston
Control #:
US-00102BG
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

A detailed analysis of the laws affecting construction contracts including:


" Offer and acceptance;

" Written agreements: integration and merger;

" Mutuality and consideration;

" Expressed and implied obligations;

" Waiver and Disclaimer of Implied Warranty of Habitability;

" Breach and Enforcement: finding materiality and damages;

" Remedies and Procedure in Actions Involving Building and Construction Contracts;


Also includes sample forms from the USLF Website as follows:


" Sample Contract Clause Limiting Remedies;

" Non-Waiver Agreement between Contractor and Owner Regarding Accepting Late Payments;

" Sample count in suit for rescission;

" Petition for Rescission of Contract Failure of Contractor to Obtain Building Permit;

" Complaint for Damages, Specific Performance of Contract, and
Appointment of Special Master to Oversee Construction against Contractor and Agent's Breach of Contract to Construct House;

" Sample Construction Contract Change Order; Sample contract clause regarding arbitration;

" Labor and Material Payment Bond;

" Contract For Construction of a Commercial Building;

" Mechanics' Liens;

" Construction defects;

" Licensing Issues in Mississippi;

" E-discovery; and

" Electronic Message Archiving;

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FAQ

Houston doesn't have a general contractor license, so you don't need to worry about licensure requirements. However, you will need permits on a job-by-job basis. The Houston Permitting Center has a project planner to help you figure out which permit you will need.

Specify governing law. Identify the working relationship. Clearly define the scope of work. Specify what benefits, if any, the contractor will receive. Assign intellectual property. Include confidentiality clauses. Include a termination clause.

Acceptance of an offer: After one party makes an offer, it's up to the other party to accept it. If someone offers you $600 to walk their dogs, for example, you enter into a contractual agreement the moment you accept their offer in exchange for your services.

Factors that show you are an independent contractor include working with multiple clients instead of just one, not receiving detailed instructions from hiring firms, paying your own business expenses such as office and equipment expenses, setting your own schedule, marketing your services to the public, having all ...

Write the contract in six steps Start with a contract template. Open with the basic information. Describe in detail what you have agreed to. Include a description of how the contract will be ended. Write into the contract which laws apply and how disputes will be resolved. Include space for signatures.

Form W-9. If you've made the determination that the person you're paying is an independent contractor, the first step is to have the contractor complete Form W-9, Request for Taxpayer Identification Number and Certification.

You should consider all evidence of the degree of control and independence in this relationship. The facts that provide this evidence fall into three categories – behavioral control, financial control, and relationship of the parties.

Right to Discharge Without Liability An Employee can be discharged at any time without liability on the employer's part. If the work meets the contract terms, an Independent Contractor cannot be fired without liability for breach of contract.

Protecting Yourself as an Independent Contractor Be sure you're properly classified. Ignorance, as the old saying goes, is no excuse for the law. Beware of “Scope Creep” on the part of the employer. Be aware of your tax obligations. Protect your rights with solid contract documentation. Plan for your own benefits.

More info

If your business has employees, you are subject to the Texas Unemployment Compensation Act (TUCA). The enclosed information will help you legally operate a business in Houston and Harris County.Form 1295 Certificate of Interested Parties Electronic Filing Application. How can I avoid a contractor scam? Independent contractors perform services in exchange for compensation and are generally free from the employer's control and oversight. Right to a contract. - Houston Employment Lawyer. Users of this site should contact a licensed Texas attorney for a full and complete review of their legal issues. Texas employers need to review Texas's Independent Contractor Test to determine whether workers are employees or independent contractors. The specific aspects of how to complete a job duty are up to the worker.

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Laws For Contractors In Houston