As a Texas attorney representing Texas homeowner and property owner associations in residential and commercial developments, I find that very often the greatest service I can perform for my clients is education. I ran across a recent article by Richard Thompson with Regenesis in Realty Times, entitled the “HOA Health…
Texas Oil and Gas Attorney Blog
Things That Give Texas Developers and Their Attorneys Grey Hair
I have represented developers and investors in Texas real estate developments for over thirty years. I have been blessed with clients who are fabulous people to work with, and Texas development law is always challenging and interesting. There is one thing that is guaranteed to make both my clients and…
Texas Supreme Court: Waiver of Arbitration Provision in Texas Construction Contract
As a Texas real estate lawyer representing developers, builders and investors in Texas, I have found that my clients benefit from the availability of “alternate dispute resolution” remedies in their contracts. These remedies, such as mediation and arbitration, can result in satisfactory outcomes to disputes, without the cost of extended…
Texas Rural Water Law: Fire Hydrant Controversy Continues
Texas rural water utilities and the attorneys representing Texas rural water companies are often faced with the challenge of making sense of the sometimes tangled layers of Texas statutes, Texas court decisions and the administrative rules of the Texas agency that regulates water utilities, the Texas Commission on Environmental Quality.…
Texas Rural Water Utilities Faced With New Law: “Paint It Black”!!
One of the challenges of serving as an attorney for rural water utilities in Texas is helping my clients navigate the increasing regulatory burden on Texas rural water utilities, an issue specifically addressed in a prior blog entitled Challenges Ahead for Texas Rural Water Companies in Texas. A recent law…
Texas Construction Lawyers Take Note: Attorneys Fees Recoverable for Breach of Warranty
As a Texas attorney representing both builders and construction companies in Texas on one hand, and Texas consumers of construction services on the other, I have had occasion to litigate a number of cases in which construction defects were the central issue in the case. I learned long ago (because…
A New Resource for Texas Water Law Attorneys
In the course of representing rural water companies in Texas, I am always on the lookout for new resources and educational materials to help me expand my understanding of the challenges that water companies, and especially rural water companies in Texas, face each day. The American Water Works Association has…
Caveat for Texas Real Estate Attorneys: “As-Is” Is As “As-Is” Does
Texas attorneys representing developers, homeowners and contractors, and in fact any attorney who is drafting a contract for a client, should make note of a recent case by the 4th Court of Appeals in San Antonio, Texas. In the recent case of San Antonio Properties L.P. v. PSRA Investments, Inc.,…
Texas Rural Water Company’s Oral Statements Land It In Hot Water
I have served as an attorney representing both rural water companies and real estate developers in Texas for quite a few years. Very often, my representation involves negotiating “nonstandard service” contracts. These are contracts governing the conditions, terms and costs under which a rural water company will extend water service…
Caveat for Texas Real Estate Attorneys: Mobile Home v. Modular Home
As a real estate and development attorney in east Texas, I have represented Texas property or homeowners associations (HOAs) on quite a number of occasions. My legal services for my homeowner association clients have ranged from preparation of corporate documents and restrictive covenants, to mediating disputes, to overseeing annual meetings,…