Best Consumer Protection Lawyers in Frisco, TX

A: Once you've hired an attorney, I would not recommend accepting an offer to pay only the amount of your claim, since your attorney can also recover costs, interest, and attorney's fees. If you accept the offer you will waive your right to collect any of these additional amounts, and will have to pay your attorney out of your own pocket.

A: If you contracted with the owner or the owner's agent, normally you can recover interest at the rate of one and one-half percent per month (18% annually) starting the thirty-sixth day after your claim was submitted for payment. If you did not contract with the owner, unfortunately you can only recover interest from the party with whom you contracted.

A: There can be two forms of retainage, statutory retainage and contractual retainage. The Texas Property Code requires all property owners to retain ten percent of the contract price for thirty days after the project ends. This is statutory retainage and it is mandatory. It is designed to provide a fund for all lien claimants. There are different notice and affidavit filing requirements to allow you participate in the statutory retainage. Contractual retainage can be set forth in a contract between the claimant and some other party other than the property owner allowing a portion of what is due you to be withheld for some period after your work is complete. If your contract contains contractual retainage language, you must give notices to protect your right to recover the retainage.

A: Yes, you have specially fabricated materials. Provided you give proper timely notices and timely file your lien affidavit, you will have a valid mechanic's lien, but note that the notice requirements are different for these type materials.

A: Arbitration is supposed to be an alternative dispute resolution mechanism that saves time and money. One or more persons are appointed as arbitrator who will decide your case. Many owners, original contractors and even some subcontractors require arbitration clauses in their contracts. First, arbitration prevents you from proceeding with foreclosure until the arbitration process has been concluded in your favor. Second, if you lose at arbitration, there is no effective way to appeal the decision. In my experience, especially with claims less than $10,000, arbitrations are no more cost and time effective than actual trials, but if you are forced to agree to an arbitration clause, you may have no choice but to muddle through the process.