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Topics cover such issues as emailed contracts, contractor obligations, dealing with employee theft, contract and commissions, etc. |
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Marc writes articles for several websites such as Houston Business News and has a Legal Q&A column on HoustonManufacturers.com| When a contract is sent out via email, and it is then returned saying yes that's fine, is this legally binding?
Maybe. Generally, to have a valid written contract, the parties must have an offer, acceptance and consideration. Therefore, if a contract is sent out with specific terms, that could be argued as an "offer." Likewise, if an email is returned from the other party stating that the terms are agreeable (even though not signed), that is arguably an "acceptance" of the terms. I assume the contract mentions the type of consideration given (i.e. money, etc.). Of course, if both parties perform, then the parties can simply argue they entered into an oral contract. In Texas, oral contracts are generally enforceable with a few exceptions. |
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| Q: I remodeled an office building, and the owner has not paid. They do not allege that I did anything wrong. They simply won't pay me even though I finished the project (over 9 months ago). What can I do? They owe me about $44,000 with all change orders.
A: That is a complex question that, unfortunately, happens quite frequently. Whether or not you have a contract with the owner, you have likely lost your ability to file a mechanic's lien considering the project was finished over 9 months ago. Nonetheless, I would consult an attorney with all your documents from the job to determine if you still have lien rights. The statute in the Property Code is very specific about the procedure and timeline to file a mechanics' lien, and failure to complete all necessary steps could result in lien removal and perhaps payment of attorney's fees for filing a wrongful lien. Generally, a general contractor has a constitutional lien, whereas ,as subcontractor has to take additional steps before perfecting a lien. Alternatively, you can still file a suit for collection of monies owed, as that statute of limitations is four years. Considering the amount owed, you will have to file in county or district court. |
| Workers' Compensation Insurance |
| Q. Am I required to carry workers' compensation insurance? I have an airplane maintenance company and my employees are telling me that I must. Is this true?
A: Generally, no. Texas employers, except for public entities, can choose whether or not to provide workers' compensation insurance coverage for their employees. As you may be aware, workers' compensation provides covered employees with income and medical benefits if they are injured on the job or have a work related injury or illness. The Texas Department of Insurance regulates Workers' compensation. Participation in the workers' compensation system in Texas is voluntary for most employers. |
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| Leases and Copyrights |
| Q. I leased a small storefront when I started my art business three years ago. I rented what I could afford realizing that I would not be there long and just needed something to get started. I paid the $1000 security deposit and was always timely with my lease payments. When I moved in the carpet was very old and had a few small stains. Now that I am moving out, the landlord wants to keep my security deposit because the carpet is stained? I told him that it was already stained and frankly was so old, it should have been replaced before I even moved in. Can he keep my security deposit?
A: Texas law specifically states that a landlord is not allowed to retain a security deposit to cover normal wear and tear associated with the tenant's use of the premises. I would argue that the carpet needed to be replaced regardless of the stains and that the landlord is not entitled to the security deposit. Alternatively, if the carpet can be cleaned and the carpet is usable but for your stains, the landlord may be able to keep the security deposit. In addition, review the terms of your lease to see if any of the fine print addresses this situation. The lease should contain a section about normal wear and tear. |
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- Wills and Businesses
- Workplace Sexual Harrassment
- Arbitration Clauses
- Protecting Your Assets
- Dealing with Employee Theft
- Contracts and Commissions
- Contractor Obligations
- The New Margin Tax
- Power of Attorney for Shareholders
- Changing to a LLC
- Choosing a Business Entity
- Employee Background Checks
- Firing an Employee
- What Your Business Needs to Know About the Texas DTPA?
- EEOC and You
- Starting a S Corp
- Firing Employees
- Partnerships: Ins and Outs
- Corporations
- Wills