CRE – Mark Hill TX

The Construction Clock is Ticking

markhilltx — Fri, 18 Feb 2022 11:42:22 +0000

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Time moves fast when you are in the Construction industry. This is true for Owners, Developers, GCs, Contractors and Suppliers.

Each certainly have their own reasons, but in the end, time is money in commercial and residential real estate. Common issues like the need for ROI, cash flow, lender requirements, contractual deadlines, funding and progress payment releases, regulatory deadlines, service and supplier payments, all are time sensitive.

It is in times like this that two topics come to mind.

First, Texas has very specific lien perfection rules. They are governed by the Texas Property Code and ___

This is important for GCs, Subcontractors and Suppliers alike.

In Texas, all contractors and suppliers must file an Affidavit of Mechanic’s Lien by a certain deadline in order to protect their right to file a lien claim. The deadlines are strictly enforced, and failure to comply can result in a waiver of the lien.

For general contractors, the lien affidavit deadline is the 15th day of the fourth month after the lien trigger – which is the last day of the last month that the project was completed, finally settled, terminated, or abandoned.

The deadlines above also apply to subcontractors and suppliers, with a few additions. Subcontractors and some suppliers also have to send out a notice to the owner and general contractor every month that they don’t receive payment. These notices have deadlines prior to the lien affidavit filing deadline. This preliminary notice is usually called a Notice of Intent to Lien. This monthly notice is served to let a Property Owner and/or a General Contractor know that payment has not been received for a given month.

For Subcontractors/Material Suppliers, the deadline to file a Lien depends upon: (1) whether the unpaid amount is a “progress payment” or withheld “contractual retainage”; and (2) whether you want the Lien to attach to the statutory retainage withheld by the Property Owner from the General Contractor (which you do).

If you were hired by the General Contractor, a Subcontractor, or a Material Supplier, then at the very latest, your deadline to file a Lien Affidavit for unpaid progress payments (or anything other than withheld contractual retainage), is by no later than the 15th day of the third month from when you last provide labor or materials to the Project, excluding warranty work. See Section 53.052 of the Texas Property Code to learn more.

A residential property lien affidavit must be filed no later than the 15th day of the 3rd month following completion of the contract. For example, if the work was completed on June 1st, the lien must be filed by September 15th. If the work was completed on June 30th, the lien still must be filed by September 15th. Commercial property liens get one extra month.

The deadline to file a lien is not extended if the 15th falls on a Saturday, Sunday, or legal holiday. For example, if September 15th falls on a Sunday, the lien affidavit must be filed by Friday, September 13th.

In certain cases, there may also be a notice requirement. Such notices will also have deadlines prior to the lien affidavit filing deadline.

If not careful, these lien rights can be easily waived. These are separate from legal filing limitations, or deadlines.

Second, when unexpected major events occur, one should look to their contracts for what is commonly referred to as a Force Majeure clause.

Generally, a Force Majeure event refers to the occurrence of an event which is outside the reasonable control of a party and which prevents that party from performing its obligations under a contract. CITE

In contracts _____.

Contracts such as Purchase and Sale Agreements, development agreements, Construction related contracts, all may contain these.

What events trigger a Force Majeure is a good, and very case specific, question. You won’t find that answer here, or that it is the same for everyone.

What can be said

____

___ [add a link]

As a business attorney with significant experience in real estate, development and construction disputes, both in Courts throughout Texas and Arbitration Proceedings, _____. Taking smart steps to protect your lien and other legal claim rights is important. Be diligent and protect them, or lose them forever.

Please also check us out on LinkedIn, Twitter and Facebook.

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Conversation with the Frisco Chamber

markhilltx — Thu, 23 Apr 2020 15:09:12 +0000

Discussion on impact the recent pandemic disruptions have caused to local Businesses and Commercial Real Estate.

Hosted by the Frisco Chamber of Commerce, I am joined by Tyler Clutts of ESRP and address:

Commercial Real Estate “Triage”
Current Legal Environment In North Texas
Landlord/Tenant Options, Communication
Lease & Contract Considerations During This Pandemic
Best Sources Of Information We Are Using

Thanks go out to Frisco Chamber President Tony Felker, Senior Director of Marketing Karen Kim, and Government Relations Manager Chris Lee, for putting on this timely Webinar.

You can watch the full discussion HERE.

#CRE #Business #FriscoTX #RealEstate

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In Case You Missed It

markhilltx — Fri, 17 Apr 2020 15:03:47 +0000

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Last week’s conversation with Craig Hall.

Business liquidity and survival. The long road back for Hospitality. The future for office space, and especially coworking. Fundamentals of why business in Texas is so special.

In case you missed it – you can watch it now HERE.

@markhilltx @solidcounsel @bisnowDFW

#CRE #Business #Hospitality #Texas #Lending #WFH #RealEstate

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Webinar with Craig Hall, this Thursday at Noon

markhilltx — Tue, 07 Apr 2020 19:27:19 +0000

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Join me this Thursday, April 9, 2020 at Noon for a Webinar on the latest impact COVID-19 is having on DFW Commercial Real Estate.

I will be moderating a discussion with Craig Hall.

We will be talking about:

How recent events have impacted DFW commercial real estate, construction & lending.
Where do opportunities exist for those in the commercial real estate community.
What industries and businesses are getting hit the hardest.
What impact will the surge in remote work have on office real estate.
What makes Texas, and particularly North Texas, so special.
What does the future hold 5, 10 and 15 years out, for commercial real estate in Texas.

The Webinar is free and you can REGISTER here:

Mark L. Hill

Partner, Scheef & Stone LLP

#CRE #Business #DFW #Construction #SolidCounsel

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Talking Corporate Relocations, Frisco #5BMile and More

markhilltx — Thu, 28 Apr 2016 20:45:16 +0000

We hear so much about the Business and Real Estate growth in North Texas. Whether it is corporate relocations like Toyota, the sprawling Legacy West development coming together, or the Frisco #5BMile continuing to expand – the Business and Real Estate climate in North Texas and particularly Collin County could not be hotter.

I recently had the opportunity to sit down with Maher Maso, the Mayor of Frisco, Jim Leslie, the Managing Partner of Frisco Square, and Ran Holman, the Market Leader of Cushman & Wakefield.

In this video, Mayor Maso talks about what makes Frisco “the best”, including it’s business partnerships and excellent school system.

The full series of Videos from the event moderated by Mark L. Hill can be seen here.

Mark L. Hill is a Partner with Scheef & Stone, L.L.P. Scheef & Stone is a full-service business law firm that represents individuals, publicly and privately held corporations, partnerships, financial institutions, and government entities in a wide spectrum of sophisticated transactions and complex litigation.

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Upcoming Event – Frisco’s $5 Billion Mile & Beyond!

markhilltx — Wed, 16 Mar 2016 20:44:19 +0000

We are only 2 weeks away from the DFW Platinum Corridor® event – Frisco’s $5 Billion Mile & Beyond.

Last I heard, there were over 600 guests attending! Look forward to being part of this presentation featuring numerous great panellists, including Frisco’s Mayor Maher Maso, Stephen Jones of the Dallas Cowboys, and many others. You can still get tickets here.

We will be discussing the “$5 Billion Mile,” ways to improve transportation, and why businesses, developers and the public are attracted to this area.

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Something Different Coming to North Frisco – Frisco Crossing

markhilltx — Thu, 10 Mar 2016 20:39:13 +0000

A new development called Frisco Crossing is planned for north Frisco. It will feature a cluster of restaurants with outdoor patios and a food truck park. Apartments and single-family homes would also border green space, while several retail stores would go up nearby and a dozen more eateries would border the edges of the 83.8 acres at the southwest corner of FM 423 and US 380.

This article from Frisco Enterprise gave a great introduction to the Frisco Crossing development, and its recent presentation to the City of Frisco.

Frisco Crossing is from The Rudman Partnership, the same developers bringing Frisco Station to the $5 Billion Mile along the North Dallas Tollway in Frisco.

The preliminary plans for Frisco Crossing also show a Texas Hill Country-style design. As a native of the Texas Hill Country area, and with all the large-scale corporate developments and re-locations coming to Frisco, it’s nice to see something a bit different.

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