Statute of Limitations

Most of us will take great care not to miss or be late for an important event, such as a business meeting, a parent?s birthday, a wedding, etc?. Reminders are placed on post-its, calendars and phones. You should take the same care to make sure you do not wait too long and miss your chance to file a lawsuit if you have suffered a legal wrong. There is a time…

Read more ›

Management of HOT funds – Part III of Part III

Previously the Hotel Occupancy Tax (?HOT?) was defined and examples given of the appropriate use of HOT funds. Additionally a two-part test to determine if HOT funds were being spent appropriately was examined. A city will sometime hire a third party firm or organization to manage and use HOT funds. A contract with a third party should reference the statute authorizing the Hotel Tax and duties regarding the expenditures of…

Read more ›

Civil Fraud

If you believe someone lied to you and took your money or other property, or you believe they did not tell you everything, you may have a civil fraud claim. Fraud is founded upon a misrepresentation of past or present fact that causes a person enter into a business transaction and that person suffers a loss. There are many definitions of fraud. The elements or actions common to most civil…

Read more ›

Mechanic Liens Against Public Property

(May 10, 2010): Whenever a company contracts to provide construction work for a city on public property, the company should always check the state law that governs the city in regards to liens against the land where the public property is located. And the city should always make sure of what rights it has as a governmental unit in regards to liens against land. In Texas, section 43.002 of the…

Read more ›