published: 09/01/2015 expirers: 08/31/2017
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Please note that your use of any of the documents contained in the Texas Association of Builders Contracts© Version 6.0 (the “Package”), for any reason, constitutes your agreement to the terms and conditions set forth in this document. If you do not agree to the terms and conditions set forth in this document, then you do not have permission to use any of the documents contained in the Package and before you use any of the documents contained in the Package, for any reason, you should immediately stop use of the Package in any manner. Any unauthorized use of the documents contained in the Package may result in termination of your membership and possible legal action seeking appropriate damages. By using the Package and agreeing to the these terms, you represent that you are a Texas Association of Builders (TAB) member in good standing and that you will abide by the terms of this license. Should your membership lapse at any time, you will lose access to the Package and any updates to the Package.
The form documents included in the Package have been largely prepared at the request of TAB for the sole use of its members. You hereby agree that you will not use, modify, change, alter, reproduce, assign, transfer, copy or otherwise distribute the form documents that are contained on the Package for any purpose other than in connection with a transaction or proposed transaction to which you are or may be a party. Violation of these terms will result in TAB pursuing any and all available legal remedies.
Also, by using the documents contained in the Package, you acknowledge and agree that the contracts and other forms contained in the Package are intended to encompass a variety of transactions that are typical in the field of residential construction and remodeling in the State of Texas. You acknowledge that every transaction has unique attributes and variations that may require modification and/or supplementation of these documents. Furthermore, you may have your own individual business practices that may require modification and/or supplementation of these form documents. Therefore, prior to the use, modification or supplementation of these forms, you recognize that you should seek the advice of your legal counsel concerning the applicability of the form documents to your particular business practices, or any particular transaction.
You also recognize and acknowledge that the residential construction industry is subject to a variety of laws concerning contract formation, disclosure of information, creation of laws to enforce payment obligations and similar matters. These laws may be modified by legislation or by court decisions interpreting such laws from time to time. These form documents have been prepared with consideration to the present state of law, present lending practices and common practices in the residential construction industry. It is, however, anticipated that changes will occur in the future which will impact the efficiency of these form documents. Therefore, you recognize that periodic review of these form documents by your legal counsel should be undertaken to ensure compliance with any changes in the law and revisions to your business practices.
TAB makes no representations or warranties as to the sufficiency, accuracy or adequacy of the documents that are contained in the Package, and hereby waives and disclaims any and all warranties of merchantability and fitness for a particular purpose with respect to these documents.
Finally, you acknowledge that the form documents included in the Package are not intended to be a substitute for legal advice and are not and have not been tailored to your individual needs.
NOTICE: The residential construction industry in the State of Texas is subject to a variety of Texas-specific laws and regulations concerning contract formation, disclosure of information, payment obligations and various other legal matters, which are not addressed in the generic NAHB form contracts. Failure to comply with such statutory and common law exposes Texas home builders to serious legal liabilities and significant expenses, including the voiding of non-compliant contracts. If you are contemplating a residential construction project in the State of Texas, you must use contractual documents that conform to Texas laws and regulations in order to avoid costly legal and financial exposure. To that end, the Texas Association of Builders promulgates a comprehensive set of residential contractual documents that are well vetted, regularly updated, and comply with Texas statutory and common law.