Advanced Texas Lien Laws

Description

Advanced Texas Lien & Payment picks up where the Texas Lien Law course leaves off, taking participants beyond the filing and perfection of a lien to explore what happens when payment disputes escalate and additional legal action may be required.

This course examines the practical and legal considerations involved in enforcing lien claims through litigation, obtaining a judgment, and evaluating the likelihood of actually recovering the debt. Participants will gain a better understanding of the factors that should be considered when deciding whether—and how—to pursue collection efforts.

The program also addresses more complex payment issues that can significantly affect a contractor’s or supplier’s ability to recover amounts owed. Topics include the impact of a customer’s bankruptcy and the automatic stay, special rights involving removable improvements under Texas law, joint check agreements, and the Texas Construction Trust Fund Act.

Presented by the same Texas Board Certified Construction Lawyer who teaches the Texas Lien Law course, this advanced session is conveniently offered on the same day and is ideal for participants who want a deeper understanding of the legal and financial considerations surrounding construction payment disputes.

Program Objectives

Upon completion of this course, participants will have a better understanding of:

• The process of enforcing a lien through litigation and judgment
• How to evaluate the potential costs, risks, and likelihood of recovery before pursuing a lien claim
• How bankruptcy and the automatic stay can affect lien and collection efforts
• Special rights associated with removable improvements under Texas law
• Key considerations and provisions in joint check agreements
• The Texas Construction Trust Fund Act and its impact on construction payments and funds
• Practical strategies for determining whom to pursue and how to approach collection efforts

Target Audience

This course is designed for construction professionals who have responsibility for evaluating, managing, or making decisions regarding collection efforts and payment disputes, including:

• Small and mid-sized construction business owners
• CFOs, controllers, and other financial executives
• Credit and accounts receivable managers
• Accounting and finance professionals with collection responsibilities
• Project executives and senior project managers
• Professionals who make or influence decisions regarding lien enforcement, collections, and payment disputes

Presenter:

Brian Gaudet, Kilpatrick, Townsend & Stockton LLP