DISCLAIMER
Please note that the articles and papers available through this website are intended to be informational, and do not constitute legal advice. The explanations and discussions found within these articles and papers do not address all of the issues that arise in any given circumstance, and should not be considered as a definitive source on the subjects discussed. To establish an attorney-client relationship with Paxson & Associates, you must sign an engagement letter that sets forth the parameters of, and the understandings that will govern, that relationship. Therefore neither this website, nor the availability of the materials presented within this webpage will create a lawyer-client relationship between Paxson & Associates and you or your company, nor will this presence on the Internet add to or revive an existing or previous relationship. That said, someone at Paxson & Associates would be happy to discuss the services P&A can provide you or your company, should you need our assistance.
FORMS
Property Owners' Association Disclosure Form (PDF)
In 2011, the Texas Legislature revised and expanded the disclosure that must be given in conjunction with the sale of real property subject to membership in a property owners' association. Taking effect on January 1, 2012, that legislation modifies Section 5.012 of the Texas Property Code. In addition to an expanded set of required disclosures, the new form also requires the purchaser's signature.
Statutory Lien Waiver Forms (PDF)
House Bill 1451, enacted in the 82nd Texas Legislative Session and signed into law by Governor Rick Perry, establishes a standard lien waiver form for use across Texas. HB 1451 states that, as of January 1, 2012, a lien waiver form will not be enforceable in Texas unless it is signed and notarized and substantially complies with the form prescribed by statute. There are ways other than a lien waiver form to obtain a waiver of lien (such as an advance waiver of lien in a subcontractor agreement). But, any lien waiver form used for progress payments or final payment must substantially comply with the statute. The linked document contains all four forms promulgated by the legislature in HB 1456. You may find it useful to begin incorporating these forms into your business practices in advance of the January 1, 2012, effective date of the statute. Consult your legal counsel for instructions on how to properly and effectively use the forms, and whether they are appropriate or necessary in your business.
ARTICLES
A New Interpretation of OSHA's Multi-Employer Work-Site Policy Raises Risks to Texas Builders (PDF) C. Stephen Tobin
This article on the interaction of the Occupational Safety and Health Act (the "OSH Act") and state tort liability discusses the legal risks Texas builders face following recent court and agency decisions interpreting the Occupational Safety and Health Administration’s ("OSHA") multi-employer work-site policy. A New Interpretation of OSHA's Multi-Employer Work-Site Policy Raises Risks to Texas Builders explains why those recent decisions have made it easier for OSHA to cite general contractors for violations of the OSH Act by subcontractors, and points up how causing subcontractors to comply with the OSH Act can raise the risk of state tort liability.
What Should Be in Your Contracts (PDF)
Stephen B. Paxson
What Should Be in Your Contracts provides an overview of some of the main goals construction contracts should seek to achieve. In doing so, the article explores memorializing the agreement, controlling expectations, and shifting risk. Steve Paxson presented What Should Be in Your Contracts at the National Association of Builders' 2011 International Builders Show.
Why Your Construction Contract and Loan Documents Should Sing the Same Tune (PDF)
C. Stephen Tobin
In Why Your Construction Contract and Loan Documents Should Sing the Same Tune, Stephen Tobin discusses the problems that can arise when construction loan documentation conflicts with provisions within a previously executed construction contract. This article is geared toward homeowners in the process of contracting with a builder, and builders may distribute this article to their clients for the purpose of opening a discussion about construction loan negotiations.
Suspension of Internet Service as a Sanction for Copyright Violations: A New Remedy for Peer-to-Peer Infringement (PDF)
C. Stephen Tobin
In this essay on copyright law, Stephen Tobin argues that suspension of Internet access as a sanction for massive copyright violations (“Termination Sanctions”) present an opportunity to go beyond traditional enforcement schemes by curing information defects, educating infringers about copyright laws, increasing efficiency of copyright enforcement. In doing so, however, this essay argues that policymakers must balance efficiency of enforcement with due process and privacy concerns. Having won first prize at the University of Arizona James E. Rogers College of Law in the 2010 Nathan Burkan Memorial Competition, Suspension of Internet Service as a Sanction for Copyright Violations: A New Remedy for Peer-to-Peer Infringement is now being considered for award at the national level.
LINKS
Greater Houston Builders AssociationNational Association of Home Builders