The Foreclosure Process in the Probate Context

This article was originally published in the Advocate The Advocate (Texas) – Symposium on Decedents and Ward – Fall, 2009. It is intended to provide an overview of the real property foreclosure process in the probate context. The substance of the article assumes basic familiarity with the foreclosure process under the Texas Property Code and basic familiarity with the estate administration processes under …

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Texas Construction Contracts: Pay-When-Paid or Pay-If-Paid?

 There is a big difference between so-called “pay-when-paid” clauses and “pay-if-paid” clauses. Pay When Paid A “pay-when-paid” clause relates to the timing of payment, such that the subcontractor gets paid when the general contractor gets paid. The general contractor remains obligated to pay a subcontractor regardless of whether the general contractor is ultimately paid by the owner. If payment by …

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Texas Construction Contracts: Pay-When-Paid or Pay-If-Paid?

 There is a big difference between so-called “pay-when-paid” clauses and “pay-if-paid” clauses. Pay When Paid A “pay-when-paid” clause relates to the timing of payment, such that the subcontractor gets paid when the general contractor gets paid. The general contractor remains obligated to pay a subcontractor regardless of whether the general contractor is ultimately paid by the owner. If payment by …

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The Foreclosure Process in the Probate Context

This article was originally published in the Advocate The Advocate (Texas) – Symposium on Decedents and Ward – Fall, 2009. It is intended to provide an overview of the real property foreclosure process in the probate context. The substance of the article assumes basic familiarity with the foreclosure process under the Texas Property Code and basic familiarity with the estate administration processes under …

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EMPLOYMENT OPPORTUNITY: Legal Assistant/Paralegal (Waco, Texas)

Haley & Olson, P.C. in Waco, Texas, is seeking an experienced legal assistant/paralegal to join the firm full-time. Over three years secretarial or legal assistant/paralegal experience preferred. Competitive salary, health insurance, and benefits. Must be able to work quickly and efficiently while under time constraints; must be able to manage deadlines; and must have strong organizational skills, giving superior attention …

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No Tort Liability of Project Architect for Economic Damages Suffered by Contractor or Subcontractor

LAN/STV v. Martin K. Eby Const. Co., Inc., 11-0810, 2014 WL 2789097 (Tex. June 20, 2014).   The Eby opinion involves three parties: (1) the general contractor, (2) the architect, and (3) the Dallas Area Rapid Transportation Authority (“DART”).   DART contracted with the architect, LAN/STV, to create the plans, drawings, and specifications for light rail project in downtown Dallas. Martin …

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Blake Rasner & Josh White Speak at 2014 Advanced Bankruptcy Seminar

http://www.texasbarcle.com/materials/programs/2833/brochure.pdf

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An Overview of Collateral Estoppel in Adversary Proceedings

Collateral estoppel applies to adversary proceedings. The doctrine of collateral estoppel or issue preclusion provides that “when an issue of ultimate fact has once been determined by a valid and final judgment, that issue cannot again be litigated between the same parties in any future lawsuit.” Dowling v. United States, 493 U.S. 342, 347 (1990) (citing Ashe v. Swenson, 397 …

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Texas Franchise Tax Challenged

The Texas Supreme Court heard arguments this week in a case that could have significant implications on the Texas franchise tax. Nestle USA and two Texas-based companies, Switchplace LLC and NSMBA Relators, sued the State of Texas arguing the Texas franchise tax is unconstitutional.  The franchise tax charges one-half of one percent to wholesalers, but a full one percent to …

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Haley & Olson welcomes Lute Barber

Haley & Olson is pleased to announce that Lute Barber has joined the Firm as an associate.  Lute received his B.A. in economics and managerial studies from Rice University in Houston, TX where he was also a member of the football team. Lute received his J.D. from the University of Houston Law Center in May of 2012. During law school, …

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