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Construction contracts routinely include retention provisions, but holding back payment comes with legal limits. Prompt payment statutes in states like California and Texas regulate how much can be retained, when it must be released, and the penalties for delay. What seems like routine close-out leverage can quickly turn into statutory interest, attorney’s fees, and costly disputes.

Happy (early) New Year! Every year, January 1 brings with it a slate of new laws, and 2026 is no different. My criteria as to what constitutes a “top new law” are: what I find interesting, what will impact Heckman Law, PC clients the most, and how broad the change will be. These are focused largely on construction and real estate, but also with an eye toward business generally. Unless otherwise stated, these laws went into effect on January 1, 2026.   And I have done the same

Several states require contractors to provide a preliminary notice to certain parties prior to filing suit. In California, this...

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?

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...

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:...

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:...