Recent changes in Texas law: Sunset of the TRCCA requires changes in your residential contracts. Texas courts will enforce an implied warranty rather than the statutory TRCCA warranty. Notices and disclosures required by former 420.001 (registration), 420.002 (registration number), 420.003 (arbitration) and dispute resolution (426) are now obsolete. But the Right to Repair Notice in Texas Property Code 27.007 must now appear in your contracts because the exemption in Texas Property Code 27.007(c) no longer applies.
If you're a Texas construction contractor, you need to be good at writing Texas construction contracts.
Once installed on your Windows computer, Construction Contract Writer will make it easy to draft enforceable Texas contracts that fit your jobs precisely and avoid the penalties imposed by Texas and federal law.
- Texas Property Code 53.255 requires that contractors deliver a 2-page disclosure statement before the contract is signed.
- Texas Property Code 41.007(a) requires a notice in contracts for building or remodeling a residential property that qualifies as a homestead. Failure to include this notice constitutes a false, misleading, or deceptive act or practice under 17.46 of the Texas Business and Commerce Code. The penalty is triple the amount of actual damages plus attorney fees plus costs and prejudgment interest on actual damages.
- The Residential Construction Liability Act (Texas Property Code 27.001 to 27.007) gives an owner the right to recover $500 from a contractor if the contract omits a specific statement.
- Failure to make federal truth in lending disclosures requires restitution of the overcharge.
- Failure to include the disclosures required by 12 Code of Federal Regulations 226.15 extends the right of rescission to three years (rather than three days).
- Omitting insulation disclosures required by 16 Code of Federal Regulation 460 can result in an $11,000 fine.
When a job goes bad, you better have an iron-clad contract. Consider what happens if you get into a dispute before collecting final payment. An attorney for the other side won't be impressed with your two-page "legal in all 50 states" contract. Most likely, you'll discover that the signed agreement is either partially or totally unenforceable under state law. Game over! You lose. You're not going to collect another dime on that job. Fortunately, there's a better way.
Just answer a series of questions -- like an interview -- to construct a legal contract for each project you take on. Construction Contact Writer explains in plain English what you need to know before answering an interview question. If you know the job and you know what the job requires, Construction Contract Writer will do the rest.
Whether you are writing commercial or residential construction contracts, you'll be able to anticipate where disputes could arise and settle them in the contract before they happen. Then include the warranty protection you intend, the payment schedule, and create subcontracts from the prime contract.
Resolve key issues in your favor with bias control.
Many contract clauses in Construction Contract Writer suggest a bias that favors either the owner, the contractor or the subcontractor. That allows you to shift burden or risk to a particular party. Want to draft a contract that protects the property owner? No problem. Need an aggressive contract that pushes the limits in your favor? That's easy. Of course, if you just want a balanced and fair contract, Construction Contract Writer will do that too.
Need legal help drafting a contract?
Construction Contract Writer even includes a feedback button to an attorney on the Craftsman Book Co. staff to help if you get stumped. This service is free, and you can expect a response within 24 hours.
When you're done, save the contract for future use or modification at a later date. Print contracts directly or export to MS Word or Adobe PDF for electronic delivery or archiving on disk.
Construction contract law changes. But don't worry -- update subscriptions are available. Your contracts have to change to stay in compliance. That's why Construction Contract Writer includes an Update button. You'll be invited to click Update when a change affects the contracts you're drafting. A connection to the Web is required.
Even experienced construction contract attorneys will find plenty of useful reference material in Construction Contract Writer.
Construction Contract Writer cites local court decisions and code sections relevant to key interview questions.