The Barclay Law Firm

11/24/2022

03/17/2020

As many are working from home, or cutting back on their time at work, checking things off your long-term to-do list might include finally getting a Will and your Estate Planning documents in order. Please don't hesitate to let me know how I can help you get those things accomplished.

02/14/2019

Happy St. Valentine’s Day from your favorite lawyer.

12/22/2018

To all of my clients and friends:

09/14/2018

Weddings and funerals seem to bring out the worst in families. I wish it weren’t true, but it’s an inevitable fact of life. Estate planning is sooo important, yet so many folks fail to get it done. Call me if you haven’t completed your estate plans.

‘A word of warning to your readers: Don’t trust anyone.’

09/02/2017

From a Kingwood neighbor this morning:

“The guy I had start the demo on my property yesterday is a smaller time guy I have had give me estimates in the past for odds and ends jobs around the house. I never actually used him until yesterday. In any case we spoke by phone the day before to arrange for him to begin cleanup. He said he could do the entire project, all the way through the rebuild. After yesterday's progress I decided not to use him anymore as they were unorganized and weren't really working. My wife and I were doing most of the work. We never had any signed paper contract besides "hey I need help, bring guys to demo". I told him last night we would no longer be using him and offered fair payment for the days work. He's obviously livid now, wants $5,000 and all my old ruined kitchen appliances and is threatening to sue me and place a construction lien on the property for the full amount, which he claims includes all the profits he would have received from handling job start to finish. What should I do at this point?”

Answer in comments below.

09/01/2017

Pro Tip: Homeowners with Flood Insurance must STRICTLY comply with their obligations in the Standard Flood Insurance Policy. Here is a link to that policy. https://www.fema.gov/media-library-data/1449522308118-6752c210f65aed326a9ddf4a0ddaca1f/F-122_Dwelling_SFIP_102015.pdf.

If you have a flood claim, you need to read that entire policy but especially section VII J, which explains your obligations. Your obligations are treated under federal law as conditions that must be strictly complied with before you are eligible for federal funds.

08/31/2017

Busting my hump this late Thursday afternoon to get notice letters faxed to insurance companies and their agents. Necessary? I think so, but I don't know. What I do know is that I would rather have these notices faxed with confirmations in hand, and NOT need them, than to look up six months from now and have to explain to my clients why they might have a claim against their insurance company, but it is now capped on attorneys' fees, the interest rates are capped, and their insurance company gets another sixty days to consider their claim before we can file suit.

08/31/2017

FLOOD TIP: Debris removal is covered under a flood insurance policy. Do not remove anything from a flood damaged building without photographing it first. Make a list of exactly what was removed. Keep a list of all persons who helped removed debris and the hours they worked. Many will just start hauling stuff out to the curb or to a pile in the driveway without ever thinking about keeping a really tight record of all that was removed and the hours worked by those assisting in the effort.

08/30/2017

Pro Tip: Lots of folks in flooded areas are now hiring contractors for tearing out Sheetrock and to make repairs. Remember that any company worth doing business with will have a contract they use, and you should insist on a written contract. Your insurance company will want to see it. MAKE SURE that your contractor has Workers’ Comp and General Liability insurance BEFORE working in your home or business. They should be able to show you a Certificate of Insurance before starting work.