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Who should attend Construction Lien Law And The New Residential Construction Commission Act
This one-day seminar is designed for presidents, vice presidents, accountants, controllers, construction and project managers, business owners and managers, credit managers, lenders, engineers, architects, principals, contractors, subcontractors and developers.
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Construction Lien Law And The New Residential Construction Commission Act  

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This one-day seminar is designed for presidents, vice presidents, accountants, controllers, construction and project managers, business owners and managers, credit managers, lenders, engineers, architects, principals, contractors, subcontractors and developers.

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Seminar Summary:

This seminar will provide information regarding the latest changes to the Texas Lien laws for both private and public projects. (see full course description)

 
 

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Training Course Syllabus:


This seminar will provide information regarding the latest changes to the Texas Lien laws for both private and public projects. It will also provide forms and timetables to perfect lien rights.

Information on how bankruptcy affects construction liens and alternatives to court, such as arbitration and mediation, will also be addressed.

Seminar highlights:

  • Steps on filing residential and commercial liens
  • Bond claim procedures for both federal and state projects
  • Latest details on the new Texas Residential Construction Commission Act
  • Practical tips and suggestions
  • Question and answer sessions

Learning objectives:

  • The attendee will be able to discuss contractual precautions.
  • The attendee will be able to identify who has the right to file a lien or claim.
  • The attendee will be able to review terms of the bond control.

8:30 a.m. - 10:10 a.m.

I. Residential Liens, Miller Act Claims And The New Texas Residential Construction Commission Act

A. Residential Liens

1. Overview Of The Law

2. Who Has The Right To File A Lien?

3. Who Gets Notice Of The Lien?

4. Timetables And Deadlines

5. Perfecting Your Lien And Protecting Your Rights

6. Homestead Liens

B. Miller Act Claims

1. Overview Of The Law

2. Who Has The Right To File A Claim?

3. Who Gets Notice Of The Claim?

4. Timetables And Deadlines

5. Perfecting Your Claim And Protecting Your Rights

C. Texas Residential Construction Commission Act

1. Overview Of The Act

2. Who Does It Cover?

3. Procedures For Filing Claim

4. Effect On Legal Process

10:10 a.m. - 10:20 a.m.

Break

10:20 a.m. - 12:00 p.m.

II. Commercial Liens On Private Projects And Public Claims Under The Government Code

A. Commercial Liens On Private Projects

1. Background And Overview Of The Law

2. Who Has The Right To File A Lien?

3. Who Gets Notice Of The Lien?

4. Timetables And Deadlines

5. Summary Motion To Remove Frivolous Liens

6. Trust Funds, Bills Paid Affidavits And Lien Bonds

B. Public Claims Under The Government Code

1. Who Has The Right To File A Claim?

2. Who Gets Notice Of The Claim?

3. Timetables And Deadlines

4. Perfecting Your Claim And Protecting Your Rights

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

1:00 p.m. - 2:40 p.m.

III. Miscellaneous Construction Lien Issues

A. Constitutional Liens

B. Liens And Alternate Delivery Systems (Design Build, Multiprime, etc.)

C. Liens On Leaseholds

D. Liens By Design Professionals

E. Lien Rights In Arbitration

F. Lien Rights In Bankruptcy

G. Lien Claimants vs. Lenders

H. Owner Rights And Remedies

I. Other Issues

2:40 p.m. - 2:50 p.m.

Break

2:50 p.m. - 4:30 p.m.

IV. Is A Bond In Place And, If So, What Kind?

A. Is The Job Public Or Private?

B. Discovering The Existence And Nature Of The Bond

C. I've Got The Bond, Now What?

V. Property Code Bonds

A. Effect Of A Subchapter I Bond To Pay Liens Or Claims

B. Bond Requirements

C. What If The Bond Does Not Strictly Conform To The Requirements Of §53.202 Or If The Bond Appears In Conflict With Statutory Requirements?

D. Perfecting A Claim Against A Property Code Bond

E. I've Perfected A Claim, Now What?

F. Action On The Bond

G. Post-Judgment Collection And Subrogation Rights Of The Surety

H. Subchapter H: Bond To Indemnify Against Lien

1. Effect Of A Subchapter H Bond

2. Bond Requirements

3. Action On The Bond

VI. Common Law Bonds

A. What Are Common Law Bonds?

B. The Terms Of The Bond Control

C. Perfecting A Claim Against A Common Law Bond

D. Action On A Common Law Bond

1. Statute Of Limitations On A Common Law Bond

2. Recovery Of Attorney's Fees

3. Venue

VII. Government Code ('McGregor Act') Bonds

A. The Bond Requirement

B. Perfecting A Claim Against A Government Code Bond

1. The Basics Of Perfection

2. Additional Notice For Derivative Claimants

3. Additional Notice In Certain Circumstances

4. Perfecting A Claim For Retainage

C. Action On The Bond

1. When Can I Sue And Where?

2. Can I Assign My Claim To Someone Else?

3. What Can I Recover?

4. What Is The Applicable Statute Of Limitations?

5. Burden Of Proof

6. Fraudulent Claims

D. Subrogation Rights Of The Surety

Seminar Summary:

This seminar will provide information regarding the latest changes to the Texas Lien laws for both private and public projects. (see full course description)

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