February 2016

IN THIS ISSUE:
  • Change Orders
  • Demands for Payment Under Texas Property Code Section 53.083 - General Contractor Must Act
  • Power of Attorney on Incapacity
  • Netflix Pix
  • Firm News


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Change Orders
 
A friend says that there are three things certain in life.  Death, taxes, and Change Orders.  Nearly every contract has a change order provision that states if you perform changes to the work without a signed change order, you will not get paid.  Yet, many of the client matters we see involve claims for work performed by contractors without signed change orders.  We know that there is pressure on contractors to "just do it" and settle up later.  We understand that questions about the unknown costs of change orders are also an important part of the problem, as is the delay in approval or rejection of proposed change orders submitted. The need for better and more efficient change order processes is apparent.       Read more


Demand 
for Payment Under Texas Property Code 
Section 53.083 - General Contractor Must Act 
 
Have you, as a General Contractor ("GC") ever received a claim for payment or lien notice from a subcontractor of any tier or other demand for payment that has the following language? 

"that all or part of the claim has accrued under Section 53.053 or is past due according to the agreement between the parties."   
 
If you receive such a claim or notice and you do not send the owner of the property a written notice that you dispute the claim or notice within thirty days, then the Owner must pay the demand within thirty days of receipt of the demand.  The demand may accompany an original notice of nonpayment or of a past-due claim and may be stamped or written in legible form on the face of the notice.    Read More   
   

Power of Attorney on Incapacity

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People generally like to manage their own financial affairs if for no other reason, no one likes to think of themselves as ever having diminished capacity of any kind.  However, if a person becomes incapacitated, it is too late for them to put a Power of Attorney in place.  There are different kinds of Powers of Attorney; they can be general or very specific, temporary or permanent.  A Power of Attorney on Incapacity generally allows a person unfettered control over assets until that person is incapacitated.  It can contain whatever definition of incapacity a person wishes.  It can also save a lot of money and keep loved ones from having to find, preserve, or manage assets if the owner cannot do so.  It is not a will and does nothing to dispose of a person's assets.    Read More

 
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As a fun, new feature to every issue we will recommend a Netflix movie.  The warnin g we will give is that the movies are moved on and off Netflix occasionally.  We will also make recommendations only as to "family" fare. 

Important tip:  You can better navigate Netflix by using a currently free a pp named "Instant watcher." 

Our first film recommendation is a documentary by Werner Herzog called "Cave of Forgotten Dreams." 

"In this documentary, filmmaker Herzog and a small crew are given a rare chance to film inside France's Chauvet Cave, where the walls are covered with the world's oldest surviving paintings.  To preserve the art, people are allowed to enter the site for only two weeks a year.  Examining the 30,000-year-old drawings, Herzog discusses how the artwork represents humanity's earliest dreams with scientists and art scholars conducting research at Chauvet."  
Firm News

Good Words
Peter Martin was selected by Strafford Publication to give a nationwide webinar on the topic of "Construction Contract Waivers of Subrogation, Indemnity and Contribution."  We are pleased to report that the audience gave him a 3.8 out of a possible 4.0 rating on the presentation. 
 
Good Works
The Camp Sweeney 5K Run and Lake Highlands Art & Play Festival will be held on Memorial Day, Monday, May 30th, 2016, at Lake Highlands Town Center in Dallas, at the southeast corner of Walnut Hill Lane and Skillman Street in Dallas.  The event will be held from 8:30am till 3:00pm that day.  The Lake Highlands Public Improvement District will join Camp Sweeney in hosting the Art and Play Festival with local artists, food trucks, a live band, disc jockeys, bounce houses, inflatable slides and many other activities for families.  
 
Camp Sweeney is a summer camp just east of Gainesville that since 1950 has taught children (ages 5 to 18) how to successfully manage their diabetes through lifestyle changes and positive role models.  The camp has over 750 children attending each summer.  All proceeds from the 5K and Art and Play Festival will be donated to Camp Sweeney.  Through donations, Camp Sweeney was able to provide over $910,000 in scholarships to Sweeney campers last year.  

Our Team

The members of Martin & Martin's professional team each bring something unique to the firm.  Working in concert, their individual skills and experiences make our team much more than the sum of its parts.  Learn More


Martin & Martin Law blue skyline
3930 McKinney Ave., Suite 161
Dallas, Texas 75204
214.528.0890
214.528.5428 fax

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