CONTRACTOR / SUB-CONTRACTOR / SUPPLIER LIENS & REPRESENTATION
“Just because they showed up to collect the money, is no guarantee that they'll show up to do the work...and if they do...I can't pay for it!”
— Walter Fielding (Tom Hanks), The Money Pit
Woe unto the contractor, Sub and even the supplier of material for the latter two’s projects. They labor in one of the most brutal industries against all odds: inclement weather, fickle homeowners, inconsistent code inspectors, flighty sub-contractors, tight labor markets, unforgiving calendars, irrational insurance adjusters, and rising costs of construction materials. As if the odds were not stacked high enough, then those that should pay them all too often decide against it. Often, the role is reversed: a sub-contractor completely and totally screws up, yet still files a lien on the project when the GC rightfully refuses payment.
In this particular industry, litigation seems to be a constant threat. We can help. With a decade worth of representing general contractors, subs, carpenters, masons, welders, framers, painters, roofers, foundation specialists, equipment rental companies, architects, engineers, and oil field service companies, we know how to fight this fight. Whether we need to file a lien and sue to enforce it to get you paid, or must fight off a frivolous claim against your company, The Goldberg Law Office is ready to stand up for you and your company’s rights.
"Here lies Walter Fielding. He bought a house, and it killed him." — Walter Fielding (Tom Hanks), The Money Pit
The planning always starts off with ease. Smiling faces. Signed contracts. Money ready to be spent. Enthusiasm and excitement to break ground. Whether developing a parcel of land from scratch, remodeling an office, building out a strip mall, adding a new wing to the synagogue, or constructing the dream house, the beginning is always the fun part. But all too often, things go wrong. The contractor ignored the architect’s plans. The engineer failed to included critical support for a load-bearing wall. The flooring sub-contractor installs vinyl instead of actual wood. Or perhaps someone just forgot to lock up at the end of the day, resulting in tens of thousands of dollars worth of debt.
Regardless of the problem, The Goldberg Law Office has been there and fought that. We know how to navigate these problems and the personalities that are all too common in this industry. This is our wheelhouse. Feel comfortable entrusting your case to us.
HOMEOWNERS ASSOCATIONS / DEED RESTRICTIONS
“It is easier to love humanity as a whole than to love one's neighbor.” — Eric Hoffer.
As we gradually forfeited our freedoms of rural life for the benefits of organized urban society, we incurred more and more rules and restrictions. Homeowners Associations (HOA) represent that very balance between guaranteeing individuals their freedom while dictating rules that must be upheld by all within that given neighborhood. The same can be said for neighborhoods with deed restrictions.
It is not always easy. Rules are made that some disagree with. Rules are ignored by others. Rules aren’t enforced by the association. The HOA boards decide to flaunt their obligations to the HOA members. Your neighbor blasts his music at rock star decibels until the wee hours of the night. Your lawnmower cannot comply with the management company’s insistence that each blade of grass be cut to exactly 0.27”. Insurance proceeds from a major storm aren’t shared equally. What’s to be done? Without enforcement of the law, chaos reigns supreme.
We must all live with our neighbors. But when that task becomes too much to bare, call this firm.
“Keep away from a bad neighbor. Do not fraternize with a wicked man. And do not abandon belief in retribution.” — Nittai of Arbel, Pirkei Avot
That was written a thousand years ago. And how little humans have changed since. Neighbors are neighbors. We covet. We complain. We judge. All this is normal. But when one neighbor believes another to occupy the former’s land, things get interesting. Texas law regarding this issue originates in old English common law. What worked for them over the course of the past millennia works for us today with some tweaking, of course.
Title and boundary disputes involve disagreements about who owns a piece of property, and the amount of area the property covers. The dispute can result from two differing land surveys. It can result from adverse possession. It can be intentional. It can be inadvertent. The dispute can involve actual land surface, or it can be centered around underground mineral rights. These are all fights this Firm has fought on behalf of its clients.
COMMERCIAL LANDLORD / TENANT
“Buy land, they're not making it anymore.” — Mark Twain
Tenants have rights. Landlords have rights. The lease agreement signed by both governs the relationship. The Texas Property Code governs the relationship. So what’s the outcome when the parties disagree on an issue or do not get along? How is a breach of the agreement handled? What should a tenant do when treated wrongly? What are the landlord’s recourses when taken advantage of?
Landlord tenant problems are so sensitive because they impact so much that is important to us: our places of residence, workplace, investment property. Inherent in a leasing a space is a relationship with another party. And often there is little else to bond the two sides beyond the original lease agreement.
Call us about your problem. We will, as always, prioritize the peaceful resolution of your problems. If none can be found, we will battle out the issues in court.