The Law Offices of Colby Lewis

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Houston Condo and HOA Construction Defect Lawyers

Houston Condo and HOA Construction Defect Lawyers

Who owns the claim, which statute governs your building, and what the clock is already doing SHORT ANSWER Defects inside your unit's boundaries are generally your claim. Defects in the common elements are the association's claim. That includes the foundation, the...

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How Modern Construction Projects Get Organized

How Modern Construction Projects Get Organized

Delivery Methods, Procurement, and the Return of the Master Builder Series finale. Before a single drawing exists, an owner makes three decisions: how to package the project, how to pick the builder, and how to price the risk. Those decisions, made on the calmest day...

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The Contract Nobody Signed

The Contract Nobody Signed

Quantum Meruit, Unjust Enrichment, and the Bid You Can’t Take Back Courts enforce three kinds of obligations no one ever wrote down: contracts implied from conduct, “contracts” the law invents to stop unjust enrichment, and bids made irrevocable because someone relied...

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Is a Letter of Intent Binding?

Is a Letter of Intent Binding?

The Almost-Contract: Agreements to Agree, LOIs, and Deals Half-Made Judge Richard Posner called this “one of the most difficult areas of contract law,” and it is where construction deals actually live: term sheets, letters of intent, authorizations to proceed, and...

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How Is a Construction Contract Formed?

How Is a Construction Contract Formed?

The Mating Dance: Offers, Acceptances, and the Contracts You Sign by Accident Courts describe contract formation as a “mating dance,” and on a construction project the dance has strict steps: who offered, who accepted, and whether the two ever actually matched. Miss a...

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When Does a Promise Become a Contract?

When Does a Promise Become a Contract?

Hostages, Wax Seals, Handshakes, and the Deal You Didn’t Know You Made The law has spent three thousand years answering one question: which promises count? The answers, hostages, seals, peppercorns, and reliance, still decide construction cases today, including...

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What Is Construction Law?

What Is Construction Law?

Six Bodies of Law, One Gordian Knot Ask what “construction law” is and most people guess “contract law for buildings.” That answer misses five-sixths of the field, and the missing five-sixths is usually where an owner’s case is won. By M. Colby Lewis, Construction...

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Why Construction Disputes Are Unlike Any Other Legal Fight

Why Construction Disputes Are Unlike Any Other Legal Fight

The Death of the Master Builder, and the Birth of a “Separate Breed of Animal” An American court once compared a construction project to the middle of a battlefield. It was not exaggerating. Here is why building disputes have their own law, their own courts in some...

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