Request for Information from Original Contractor in Texas Construction Contracts– Fort Worth, Texas Construction Law Attorneys

PRIVATE FORM #8
REQUEST FOR INFORMATION FROM ORIGINAL CONTRACTOR
[ (1) Date]
(2) CERTIFIED MAIL:
____________________ RETURN RECEIPT REQUESTED
____________________
RE: (3)
We have furnished labor and/or materials for the above-referenced project. Pursuant to Section 53.159(b)
of the Texas Property Code, we request that you provide us with the following information within 10 days after receipt
of this request:
(1) The name and last known address of the person to whom you furnished labor or materials for the
project.
(2) Whether a payment bond has been provided by or to you on this project, and if so, the name and
last known address of the surety(s) and a copy of the bond(s).
In the event you fail to furnish the above-requested information, you may be liable for the undersigned’s
reasonable and necessary costs incurred in procuring the requested information.
(4)
By: (5)
* * * * *
(1) Date of request.
(2) Name and address of original contractor.
(3) Project.
(4) Your company.
(5) Officer of your company.

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

Request For Information From Owner in Texas Construction Contracts– Texas Construction Attorneys

Private Form #7 – REQUEST FOR INFORMATION FROM OWNER
(1) , 20____
(2) CERTIFIED MAIL:
____________________ RETURN RECEIPT REQUESTED
____________________
Re: (3)
We are furnishing labor and/or materials for the above-referenced project. Pursuant to Section 53.159(a) of
the Texas Property Code, we request that you provide us with the following information within 10 days after receipt of
this request:
(1) A legal description of the real property upon which the above-referenced project is being
constructed.
(2) Whether a payment bond has been provided to you on this project, and if so, the name and last known
address of the surety and a copy of the bond.
(3) Whether there are any prior recorded liens or security interests on the real property being improved
and if so, the name and address of the holder of the lien or security interest.
In the event you fail to furnish the above-requested information, you may be liable for the undersigned’s
reasonable and necessary costs incurred in procuring the requested information.
Also, we request you furnish our company with a copy of the affidavit of completion, if used, filed with the
county clerk for this project. Thank you for your attention to this request.
(4)
By: (5)
* * * * *
(1) Date of request.
(2) Name and address of owner.
(3) Project.
(4) Your Company.
(5) Officer of your Company.

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

Affidavit Claiming Lien for Texas Contractors and Subcontractors– Fort Worth, Texas Construction Lawyers

Private Form #6 – AFFIDAVIT CLAIMING LIEN
THE STATE OF TEXAS :
AFFIDAVIT CLAIMING LIEN
COUNTY OF (4) :
BEFORE ME, a notary public in and for the State of Texas, on this day personally appeared the undersigned,
who being by me duly sworn, on oath states:
1. My name is (1) . I am the (2) of (3) (“Claimant”) and am authorized
to make this affidavit on its behalf as the sworn statement of its claim.
2. Claimant furnished labor and/or materials for the improvement of the following described land in
(4) County, Texas:
(5)
3. The labor and/or material was furnished for such improvement to (6) . (7) .
4. (8) is the original contractor for such improvement.
5. (9) is the owner or reputed owner of the land and improvements thereon.
6. The kind of work done and/or material furnished by claimant is (10) and is made up of the
items shown on the attached Exhibit “A” which reflects the dates of Performance and/or delivery.
7. The amount unpaid for such furnishing and due and owing to claimant is $ (11) , which is true,
correct, and just, with all just and lawful offsets, payments, and credits known to affiant allowed.
8. Claimant’s address is (12) .
9. Claimant provided notices as required under Chapter 53 of the Texas Property Code on (13)
Claimant claims a lien against all the above described land and improvements thereon, including, without
limitation, removables, in the amount shown above pursuant to Chapter 53 of the Texas Property Code, [and/or the
Texas Constitution] and makes this sworn statement of claim in support thereof.
(3)
By: (1)
THE STATE OF TEXAS :
COUNTY OF ________ :
BEFORE ME, the undersigned authority, on this day personally appeared (1) , (2) of
(3) , known to me to be the person and officer whose name is subscribed to the foregoing instrument, who after
being by me duly sworn acknowledged that the statements contained above are true and correct and that he executed the
same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said
(14) .
Given under my hand and seal of office this ____ day of _________, 20___.
_____________________________________
Notary Public – State of Texas
______________________________________
Typed or Printed Name of Notary Public
My Commission Expires:
______________________
* * * * *
(1) Name of the person signing the affidavit.
(2) Position of the affiant with the claimant, such as credit manager, controller, owner, partner, president, etc.
(3) Name of claimant.
(4) County in which the land is located.
(5) Legal description of the land, e.g.:
(a) Lot 1, Block 2, Jones Subdivision of the City of Austin, per plat recorded in Volume ___, Page
_____, Plat Records, Travis County, Texas; or
(b) The 50 acres covered by the deed from Frederic N. Freeloader to Horace P. Homeowner, dated
________, recorded in Volume _____, Page _____, Deed Records, Travis County, Texas, which is
referred to for a more complete description.
(6) Name of the general contractor or subcontractor for whom work was done or material was furnished. If a
subcontractor, add “a subcontractor.”
(7) If the work or material was furnished under a written contract, it is preferable to attach the contract and
insert, “The labor and/or material was furnished under a written contract which is attached hereto and made
a part hereof.”
(8) Name of original (general) contractor.
(9) Name of property owner.
(10) General description of work done or materials supplied.
(11) Amount due, including retainage.
(12) Your business address.
(13) Dates of prior notices.
(14) e.g., partnership, corporation, etc.
Note: Original contractors (those contracting with the owner) also have a Texas Constitutional lien. If appropriate, you
may wish to claim such a lien.

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

Demand For Payment Form in Texas Construction Contract Cases– Fort Worth, Texas Construction Attorneys

Private Form #5 – DEMAND FOR PAYMENT
[Date]
(1) Certified Mail
____________________ Return Receipt Requested
Dear Sir:
We have furnished (2) to (3) , (4) on the construction in progress on your property at
(5) . We have not been paid the amounts due us for the month of (6) in the amount of $ (7) .
Demand is hereby made for the payment of our claim from funds withheld by you as owner.
Should you have any question concerning our claim or this notice, please advise us. We will appreciate being
advised if there is a dispute as to our claim from the contractor.
Sincerely,
(8)
(9)
cc: (10)
(11)
* * * * *
(1) Letter addressed to the owner of the property being improved sent by Certified Mail
(2) Indicate generally what has been furnished.
(3) Name of the person to whom you furnished goods or labor.
(4) Indicate status of the person to whom you furnish, such as “contractor or “subcontractor”
(5) The address of the job, street, number and city.
(6) Indicate the month during which work was done for which payment has not been received.
(7) The amount due.
(8) Your company.
(9) Person signing letter and capacity.
(10) Send copy to general contractor.
(11) Send copy to your customer, if other than the general contractor.

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

City of Euless, Texas History and Past–Texas Civil Litigation Attorneys

History – City of Euless

Euless – It’s History, It’s Past


Elisha Adam and Julia Trigg Euless

In March 1879, Elisha Adam and Judy Trigg Euless purchased a tract of land south of Bear Creek and built a new home and a cotton gin in the area of present day Main Street and Euless Junior High School. In April 1879, Euless petitioned the Tarrant County Commissioners Court to create a road from Bedford, about three miles west of his land, to the Dallas County line at Bear Creek. He requested that the road pass by the “Grange Hall,” which was now on his property. The court ordered the road established and appointed a jury, including Euless, to lay it out. The Grange Hall on the Euless property served as the location for a community school, probably sponsored by the local grange. The Grange Hall was torn down in the early 1900’s after much use. After his settlement there, the community thrived and local farmers decided to honor the popular young man whose arrival and whose gin seemed to coincide with the end of the hard times. They named their community for him.


Photograph Date: 1893 circa / In 1893 Adam Euless was elected sheriff of Tarrant County. In this picture, on the steps of the new courthouse, Sheriff Euless is second from right in the middle row. His son is first from right in the middle row.

Adam Euless continued farming until he was again lured into politics. In 1892 he defeated three contenders in a landslide election for county sheriff, and was re-elected in 1894. Euless moved to Fort Worth when he was elected and was the first sheriff to occupy an office in the newly constructed county courthouse. After two terms, health problems persuaded Euless to retire from law enforcement and politics. Shortly afterward in 1911 a stroke claimed his life, and he was buried in Fort Worth’s Oakwood Cemetery.

Windmill
Windmill at Heritage Park.

Euless has since grown from a population of 25 in 1915 to a population of over 54,000 in 2008. As Euless continues to grow, City officials strive to preserve its historical significance by restoring the Fuller House (first brick house in Euless) as the City’s Museum, restoring the Himes Log House (Log cabin dating from the 1850’s) and the McCormick Barn (made from lumber from Camp Bowie after WWI).

All three buildings were faithfully restored and are now located at beautiful Heritage Park.

Free tours of Heritage Park are on the second Saturday of every month from 1 – 5 p.m. Special tours for groups can be arranged on a different day depending on staff availability. Heritage Park is located at 203 Cullum Drive, Euless, 76040. For more information on the City Museum and tours, please call 817-685-1649.

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

Inspection Checklist for Texas Residential Construction Contracts Between Owner and Contractor– Fort Worth, Texas Construction Lawyers

INSPECTION CHECK LIST

 

Date________________________

 

Between the Owner:      Owner’s Name

Address

Phone Number

 

And the Contractor:       Contractor’s Name

License Number

Address

Phone Number

 

For the Project:             Project Name

Address

 

INSTRUCTIONS: Inspect the project and carefully check whether all items meet the project specifications. Initial in the space marked “Satisfactory” if the item meets with your approval. If an item is not satisfactory, describe the problem in the “Description” field. Add additional information where necessary. Modify the list to fit your finish schedule. After work on the noted items has been completed, you will need to make a second inspection and initial in the last box for final approval.

 

 

Item Satisfactory Description Approval
Foyer
Floors
Ceilings
Walls
Light Fixtures
Windows
Doors
Trim Mouldings
Dining Room
Floors
Ceilings
Walls
Light Fixtures
Windows
Doors
Trim Mouldings

 

Initialed by: Buyer ___ Contractor ___

Inspection Check List

Project Name

 

Item Satisfactory Description Approval
Living Room
Floors
Ceilings
Walls
Woodwork
Light Fixtures
Windows
Doors
Trim Mouldings
Fireplace
Kitchen
Floors
Ceilings
Walls
Light Fixtures
Windows
Doors
Trim Mouldings
Cabinets
Countertop
Sink
Oven and Range
Hood and exhaust fan
Microwave
Dishwasher
Disposal
Breakfast Room
Floors
Ceilings
Walls
Light Fixtures
Windows
Doors
Trim Mouldings

 

Initialed by: Buyer___  Contractor ___

Inspection Check List

Project Name

 

Item Satisfactory Description Approval
 
Family Room
Floors      
Ceilings      
Walls      
Light Fixtures      
Windows      
Doors      
Trim Mouldings      
Woodwork      
     
     
     
     
Powder Room
Floors      
Ceilings      
Walls      
Light Fixtures      
Windows      
Doors      
Trim Mouldings      
Vanity      
Toilet      
Towel Bar      
Paper Holder      
     
     
     
Utility Room
Floors      
Ceilings      
Walls      
Light Fixtures      
Windows      
Doors      
Trim Mouldings      
Cabinets      
Hot Water Heater      
Furnace/Heat Pump      
Washer Hookup      
Dryer Hookup      
     
     
     
     

 

Initialed by: Buyer____ Contractor ___

Inspection Check List

Project Name

 

Item Satisfactory Description Approval
 
Master Bedroom
Floors      
Ceilings      
Walls      
Light Fixtures      
Windows      
Doors      
Trim Mouldings      
     
     
     
Master Bath
Floors      
Ceilings      
Walls      
Light Fixtures      
Windows      
Doors      
Trim Mouldings      
Vanity      
Toilet      
Tub      
Shower      
Shower Door      
Towel Bar      
Paper Holder      
     
     
     
Bedroom Two
Floors      
Ceilings      
Walls      
Light Fixtures      
Windows      
Doors      
Trim Mouldings      
     
     
     
Bedroom Three
Floors      
Ceilings      
Walls      
Light Fixtures      

 

Initialed by: Buyer___  Contractor ___

Inspection Check List

Project Name

 

Windows      
Doors      
Trim Mouldings      
     
     
     
Bedroom Four
Floors      
Ceilings      
Walls      
Light Fixtures      
Windows      
Doors      
Trim Mouldings      
     
     
     
Bedroom Five
Floors      
Ceilings      
Walls      
Light Fixtures      
Windows      
Doors      
Trim Mouldings      
     
     
     
Bath Two
Floors      
Ceilings      
Walls      
Light Fixtures      
Windows      
Doors      
Trim Mouldings      
Vanity      
Toilet      
Tub      
Shower      
Shower Door      
Towel Bar      
Paper Holder      
     
     
     
     

 

Initialed by: Buyer____ Contractor ___

Inspection Check List

Project Name

 

Bath Three
Floors      
Ceilings      
Walls      
Light Fixtures      
Windows      
Doors      
Trim Mouldings      
Vanity      
Tub      
Shower      
Shower Door      
Towel Bar      
Paper Holder      
     
     
     
Bath Four
Floors      
Ceilings      
Walls      
Light Fixtures      
Windows      
Doors      
Trim Mouldings      
Vanity      
Tub      
Shower      
Shower Door      
Towel Bar      
Paper Holder      
     
     
     
Hallway
Floors      
Ceilings      
Walls      
Light Fixtures      
Windows      
Doors      
Trim Mouldings      
     
     
     
     
     

 

Initialed by: Buyer___  Contractor ___

Inspection Check List

Project Name

 

Study/Library
Floors
Ceilings
Walls
Light Fixtures
Windows
Doors
Trim Mouldings
Additional Room
Floors
Ceilings
Walls
Light Fixtures
Windows
Doors
Trim Mouldings
Garage
Floors
Ceilings
Walls
Light Fixtures
Windows
Doors
Trim Mouldings
Garage Door/s
Garage Door Opener
Storage Area
Exterior
Paint
Exterior Veneer
Chimney
Roof
Doors
Walkways
Driveway
Light Fixtures
Outlets
Vents, dryer, fans, etc.

 

Initialed by: Buyer___  Contractor ___

Inspection Check List

Project Name

 

Miscellaneous

 

FIRST INSPECTION

Having inspected the project listed herein, except for those specific items listed above, the Buyer accepts the project as is, in satisfactory condition and understands the buyer will not have a claim against the contractor for any overlooked items not listed above that could have been seen in the buyer’s inspection. The Buyer has discussed the specific items with the contractor and understands that the contractor makes no other guarantees or warranties other than those that are stated in the contract documents.

 

 

_________________________________________ _________________________________

Contractors Signature                                                                Date

 

_________________________________________ _________________________________

Owner’s Signature                                                                      Date

 

SECOND INSPECTION

Having re-inspected the project listed herein, the Buyer has initialed all items from the initial inspection that needed to be completed. By signing below, the Buyer agrees that the project is in satisfactory condition, and understands the coverage and duration of all Limited Warranties have been limited to one year from the date of occupancy or final payment, whichever comes first.

 

 

_________________________________________ _________________________________

Contractor’s Signature                                                              Date

 

_________________________________________ _________________________________

Owner’s Signature                                                                      Date

 

 

Initialed by: Buyer___  Contractor ___

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

Notice to Owner and Contractor in Texas Construction Contracts– Fort Worth, Texas Construction Law Attorneys

Private Form #4 – NOTICE TO OWNER AND ORIGINAL CONTRACTOR
[Date]
(1) CERTIFIED MAIL:
____________________ RETURN RECEIPT REQUESTED
____________________
Dear Sir:
We have furnished (2) to (3) . (4) on the construction in progress on your property at (5)
We have not been paid the amounts due us for the month of (6) in the amount of $ (7) as shown by the attached
statement which is made a part hereof. Under the mechanic’s lien laws of Texas, a subcontractor or supplier of goods
or labor is required to notify the owner of all claims which are not paid. Failure to give this notice may cause us to lose
our rights under the mechanic’s lien laws if the sums are not finally paid.
The law requires that we advise you that if our bill is not paid, you may be personally liable and your property
subjected to a lien unless you withhold payments to the contractor for the payment of our statement or unless the bill is
otherwise paid or settled.
Demand is hereby made for the payment of our claim from funds withheld by you as owner unless the contractor
disputes this claim as required By law.
Should you have any question concerning our claim, please advise us. We will appreciate being advised if there
is a dispute as to our claim from the contractor.
Sincerely,
(9)
(10)
cc: (11) Certified Mail Return Receipt Requested
(12) Certified Mail Return Receipt Requested
* * * * *
(1) Letter addressed to the owner of the property being improved and original contractor.
(2) Indicate generally what has been furnished.
(3) Name of the person to whom you furnished goods or labor.
(4) Indicate status of person to whom you furnish, such as “contractor” or “subcontractor.”
(5) Address of the job–street number, and city.
(6) Indicate the month or months during which work was done for which payment has not been received.
(7) The amount due.
(8) If you have already filed a lien affidavit or are doing so simultaneously insert: “We have elected to file an
affidavit claiming a lien on your property and enclose a copy of the affidavit as filed.”
(9) Your company.
(10) Person signing letter and capacity.
(11) The general contractor, if not your customer.
(12) Your customer.

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

Employment Contract For Truck Driver in Texas–Simple Form–Fort Worth, Texas Trucking Company Defense Attorneys

EMPLOYMENT CONTRACT FOR TRUCK DRIVER

 

CONTRACT OF EMPLOYMENT

Employer Employer Adderss
Employee Employee Adderss
Commencement Place of Work

Job Title: Truck Driver
Duties And Responsibilities [are to]:

  • Responsible for the coordination of internal material tool deliveries
  • Coordinate warehouse, supply-house jobsite deliveries
  • Perform inventory documents for Purchasing
  • Maintain all tools equipment
  • Coordinate new tool purchases with Purchasing
  • Organize inventory requirements as directed by purchasing
Termination of employment Wage Hours of Work
Meal Intervals Sunday work Public Holidays
Annual Leave Sick leave Maternity leave
Family responsibility leave Deductions from remuneration Accommodation leave
Special Details
Employer Signature Employee Signature Signature Date

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

Preliminary Notice to Original Contractor in Texas Construction Contracts– Fort Worth, Texas Construction Attorneys

Private Form #3 – PRELIMINARY NOTICE TO ORIGINAL CONTRACTOR
[Date]
(1) Certified Mail
____________________ Return Receipt Requested
____________________
Re: Job: (2)
Owner: (3)
Location: (4)
Dear Sir:
We have furnished (5) on the above job to your subcontractor, (6) . Our books show an
unpaid balance due us on this job of $ (7) through the end of (8) .
We are giving you this notice in order to protect our rights under the mechanic’s lien laws of Texas.
We wish to cooperate with both you and our customer in any way that would be helpful. Should you desire any
additional information, please advise us.
Sincerely,
(9)
(10)
cc: (11)
* * * * *
(1) Letter addressed to the original contractor under whom you are working sent certified mail.
(2) Name of project.
(3) Owner’s name.
(4) Address of job–street, city and state.
(5) Indicate generally what has been furnished.
(6) Your customer.
(7) Amount due.
(8) Date of last billing.
(9) Your firm name.
(10) Name and capacity of person signing letter.
(11) Your customer.

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

Notice of Specially Fabricated Item in Texas Construction Contracts– Texas Construction Attorneys

Private Form #2 – NOTICE OF SPECIALLY FABRICATED ITEM
[Date]
(1) CERTIFIED MAIL:
____________________ RETURN RECEIPT REQUESTED
____________________
Dear Sir:
Our firm is pleased to be involved in the construction of your (2) at (3) under an agreement with
(4) your (5) . Our part of this project will be to fabricate and furnish (6) for use as a component part
of the construction as called for in the plans. This component will be reasonably unsuitable for use elsewhere. The
order for this item has been received and accepted and the price to be billed to our customer is $ (7) .
We are advising you of the foregoing so that you will have the information and notice specified by law.
If you have any questions, please call us.
Yours very truly,
(8)
(9)
cc: (10)
* * * * *
(1) Letter addressed to the owner of the property being improved.
(2) Indicate type of improvement.
(3) The address of the job, with street and city.
(4) Name of company for whom you work.
(5) Status of the person under whom you are working, such as “general contractor” or “roofing subcontractor”,
etc.
(6) General description of the item being fabricated.
(7) Contract price for the item being fabricated.
(8) Name of your company.
(9) Person signing letter and capacity.
(10) Copy to original contractor by certified mail unless the order was direct from the original contractor.

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]