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10 Things Your Construction Lawyer Wants You to Know
The construction industry if complex, full of risk, and highly regulated. Contractors must know how to navigate tight timelines, how to handle changing cost of supplies, labor shortages, and difficult clients. Despite those difficulties, contractors are expected to deliver quality work efficiently and safely. But often, legal issues are at the bottom of contractors' minds, at least until something goes wrong. By then, damage control can be expensive and time-consuming. If con

Garrett A. Heckman
Oct 305 min read


California's 20-Day Preliminary Notice: A Necessary, If Awkward, First Step
Several states require contractors to provide a preliminary notice to certain parties prior to filing suit. In California, this...

Garrett A. Heckman
May 147 min read


Why Does Texas Have a Constitutional Mechanic's Lien (and Why Doesn't California)?
Texas's and California's mechanic's liens provisions are almost identical, but only Texas has what can be called a "constitutional mechanic's lien." Why is that?

Garrett A. Heckman
Apr 104 min read
Top 5 New Laws in California for 2025
Happy New Year! Thank you for bearing with me as I complete my review. Every year, January 1 brings with it a slate of new laws. My...

Garrett A. Heckman
Jan 162 min read
Top 5 New Laws in Texas for 2025
Happy New Year! Thank you for bearing with me as I complete my review. Every year, January 1 brings with it a slate of new laws. My...

Garrett A. Heckman
Jan 162 min read
Update: Corporate Transparency Act
We are just over 60 days out from 2025. If you formed an entity in 2023 or earlier, it's time to contact your business attorney.

Garrett A. Heckman
Sep 28, 20244 min read
Not a Veil, but a Window – California's SB 1201
The formation of an LLC or corporation creates a limited liability shield around the entity's constituents (e.g., directors, members,...

Garrett A. Heckman
Jul 21, 20244 min read
FTC Bans Most Non-Compete Agreements
The FTC determined that the rule would foster competition (and that NCAs harm the labor market, prevent the formation of new businesses, etc

Garrett A. Heckman
May 4, 20243 min read


Texas Business Courts – What, Why, and How?
In 2023, Texas adopted HB 19, establishing the Texas Business Courts ("TBC"). The TBC will operate in several metropolitan areas, the TBC...

Garrett A. Heckman
Mar 4, 20246 min read
Top 5 New Laws in Texas for 2024
Happy New Year! Sorry that this post is coming in late. As always, January 1 brings with it a slate of new laws. My criteria here are:...

Garrett A. Heckman
Feb 8, 20243 min read
Top 5 New Laws in California for 2024
Happy New Year! Sorry that this post is coming in late. As always, January 1 brings with it a slate of new laws. My criteria here are:...

Garrett A. Heckman
Feb 8, 20243 min read
FinCEN Proposes Lengthening Reporting Period to 90 Days
In September 2023, the Financial Crimes Enforcement Network ("FinCEN") proposed amending its reporting requirements under the Corporate...

Garrett A. Heckman
Nov 20, 20231 min read
Alternative Dispute Resolution (Common Clauses)
(This post is part of a series called “Common Clauses,” focused on explaining so-called boilerplate provisions of contracts. Click the...

Garrett A. Heckman
Nov 11, 20233 min read
The Property Owner Rule (Property Owners as "Expert" Witnesses)
Introduction In most contexts, if you end up at trial, your opinion is not admissible unless you're qualified as an expert. See Fed. R....

Garrett A. Heckman
Sep 8, 20232 min read
Severability (Common Clauses)
(This post is part of a series called “Common Clauses,” focused on explaining so-called boilerplate provisions of contracts. Click the...

Garrett A. Heckman
Aug 4, 20233 min read
The Texas Constitutional Mechanic's Lien
If you're a contractor in Texas (or any state), you're probably familiar with mechanics' liens. Although your state constitution may...

Garrett A. Heckman
Jul 18, 20235 min read
AB 3075 (Statements of Information, "Successor" Liability)
California law requires business entities to file a statement of information ("SOI") every two years (e.g., LLCs, nonprofit corporations)...

Garrett A. Heckman
Jul 13, 20233 min read
CTA Reporting Companies – Consider Forming Them Now
The purpose of this post is to remind small business owners that " the Rule " goes into effect next year. If you plan on forming a new...

Garrett A. Heckman
Jun 26, 20232 min read
Shelf Companies – What, Why, and How?
Introduction You have decided that you need a business entity. You know that the wait time in your state is two or more weeks (or perhaps...

Garrett A. Heckman
Jun 26, 20233 min read
Is an Operating Agreement Legally Required?
An operating agreement (often called a company agreement or LLC agreement) sets out the basic rules and procedures of your LLC. You ought...

Garrett A. Heckman
Jun 10, 20233 min read
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