By: Taylor Bell – Until 2010, residential builders were subject to the Texas Residential Construction Commission Act, which required them to provide various statutory warranties to new home buyers. But the Act expired on September 1, 2009 and the governing agency, the Texas Residential Construction Commission, was abolished. Therefore, beginning in 2010, residential builders were …
by Lynnsee Starr – When hiring a professional to complete an Environmental Site Assessment, most developers only look at the price being charged before signing a retainer agreement. However, before signing your name on the dotted line, there are two common practice clauses in most retainer agreements you should request be removed: (1) damages cap …
by Austin Gilleland – House Bill 2237 made numerous changes to Texas mechanic’s and materialman’s lien laws in Chapter 53 of the Texas Property Code. These revisions apply to prime contracts entered on or after January 1, 2022. Below are some of the more substantive changes made by HB 2237. Updated Form and Process for Lien …
We are pleased to announce that Ron Holmes recently represented the Developer in the closing of the construction loan for a 54-story multi-family tower in the Austin, Texas CBD. Ron attended the ground breaking ceremony in Austin in March, 2022. When completed, this project will be Austin CBD’s tallest single-purpose, for-rent multi-housing high-rise. It’s slated …
by Austin Gilleland – In response to the COVID-19 pandemic, the U.S. Federal Reserve (the “Fed”) slashed interest rates to stimulate a stifled economy. The near-zero interest rates have contributed to a booming housing market that will be a chief concern for the Fed through 2022 as it fights to curb inflation. Impending Rate Hikes …
by Ron Holmes and Austin Gilleland – You might be surprised to learn that Crowdfunding offers yet another avenue to raise equity for commercial real estate transactions. We think of Crowdfunding as something Millennials do to raise money for pet projects (think of GoFundMe). Not so. The Securities Act of 1933 permits an issuer to …
By Ron Holmes – For reasons I cannot explain, our real estate practice is on fire. During and for some time after the Pandemic, we continued to see steady activity in what I call “meat and potato” transactions (sales, acquisitions, and development in the under $30 million category) and, of course, strong activity in Lease/Financing …
The 2021 Texas Legislature made significant changes to Chapter 53 of the Texas Property Code (the “Texas Mechanic’s Lien Statute”) which governs mechanics’ and materialmen’s liens. Effective January 1, 2022, House Bill 2237 amends the Texas Mechanic’s Lien Statute in several significant aspects. Architect, Engineer and Surveyor Lien Rights Expanded HB 2237 expands the group …
By Lynnsee Starr – A new Texas law now requires Property Owners’ Associations in Texas to make the most current version of the Association’s dedicatory instruments, including the Declaration and all amendments thereto, available on the Association’s website. The same law also clarifies that an Association may adopt and enforce provisions restricting occupancy or leasing, …
DFW is one of the fastest growing metropolitan areas in the United States. With population growth comes an increased need for infrastructure such as roads, highways, pipelines and transmission lines. As a result, more and more landowners are faced with takings of all or a portion of their land. Eminent Domain and “Adequate Compensation” While …