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Texas Statutes, Title BC

Texas/Statutes

← All Texas coverage

Title BC, Business and Commerce Code

131 chapters · 1,843 sections in this title.

All chapters in Title BC1,843 Ch 9, Chapter 9146 Ch 2, Chapter 2103 Ch 17, Chapter 1782 Ch 2A, Chapter 2A78 Ch 3, Chapter 370 Ch 8, Chapter 851 Ch 4, Chapter 442 Ch 57, Chapter 5742 Ch 7, Chapter 741 Ch 4A, Chapter 4A38 Ch 51, Chapter 5137 Ch 302, Chapter 30236 Ch 20, Chapter 2035 Ch 681, Chapter 68135

11 sections·Filtered byTitle BC✕Ch 56✕

Tex. Business and Commerce Code § 56.001 Definitions
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Sec. 56.001. DEFINITIONS. In this chapter: (1) "Contingent payee" means a party to a contract with a contingent payment clause, other than an architect or engineer, whose receipt of payment is conditioned on the contingent payor's receipt of payment from another person. (2) "Cont…
Tex. Business and Commerce Code § 56.002 Inapplicability of Chapter To Certain Contracts
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Sec. 56.002. INAPPLICABILITY OF CHAPTER TO CERTAIN CONTRACTS. This chapter does not apply to a contract that is solely for: (1) design services; (2) the construction or maintenance of a road, highway, street, bridge, utility, water supply project, water plant, wastewater plant, w…
Tex. Business and Commerce Code § 56.003 Effect of Chapter On Timing of Payment Provisions
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Sec. 56.003. EFFECT OF CHAPTER ON TIMING OF PAYMENT PROVISIONS. This chapter does not affect a provision that affects the timing of a payment in a contract for construction management or for the construction of improvements to real property if the payment is to be made within a r…
Tex. Business and Commerce Code § 56.004 Waiver of Chapter Prohibited
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Sec. 56.004. WAIVER OF CHAPTER PROHIBITED. A person may not waive this chapter by contract or other means. A purported waiver of this chapter is void. Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.001(a), eff. September 1, 2009. SUBCHAPTER B. CONTINGENT PAYMENT …

Tex. Business and Commerce Code § 56.051 Enforcement of Clause Prohibited To Extent Certain Contractual Obligations Not Met

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Sec. 56.051. ENFORCEMENT OF CLAUSE PROHIBITED TO EXTENT CERTAIN CONTRACTUAL OBLIGATIONS NOT MET. A contingent payor or its surety may not enforce a contingent payment clause to the extent that the obligor's nonpayment to the contingent payor is the result of the contractual oblig…

Tex. Business and Commerce Code § 56.052 Enforcement of Clause Prohibited Following Notice From Contingent Payee

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Sec. 56.052. ENFORCEMENT OF CLAUSE PROHIBITED FOLLOWING NOTICE FROM CONTINGENT PAYEE. (a) Except as provided by Subsection (d), a contingent payor or its surety may not enforce a contingent payment clause as to work performed or materials delivered after the contingent payor rece…

Tex. Business and Commerce Code § 56.053 Enforcement of Clause Prohibited If Existence of Sham Relationship

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Sec. 56.053. ENFORCEMENT OF CLAUSE PROHIBITED IF EXISTENCE OF SHAM RELATIONSHIP. A contingent payor or its surety may not enforce a contingent payment clause if the contingent payor is in a sham relationship with the obligor, as described by the sham relationships in Section 53.0…

Tex. Business and Commerce Code § 56.054 Enforcement of Clause Prohibited If Unconscionable

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Sec. 56.054. ENFORCEMENT OF CLAUSE PROHIBITED IF UNCONSCIONABLE. (a) A contingent payor or its surety may not enforce a contingent payment clause if the enforcement would be unconscionable. The party asserting that a contingent payment clause is unconscionable has the burden of p…

Tex. Business and Commerce Code § 56.055 Use of Clause To Invalidate Enforceability Or Perfection of Mechanic'S Lien Prohibited

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Sec. 56.055. USE OF CLAUSE TO INVALIDATE ENFORCEABILITY OR PERFECTION OF MECHANIC'S LIEN PROHIBITED. A contingent payment clause may not be used as a basis for invalidation of the enforceability or perfection of a mechanic's lien under Chapter 53, Property Code. Added by Acts 200…

Tex. Business and Commerce Code § 56.056 Assertion of Clause As Affirmative Defense

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Sec. 56.056. ASSERTION OF CLAUSE AS AFFIRMATIVE DEFENSE. The assertion of a contingent payment clause is an affirmative defense to a civil action for payment under a contract. Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.001(a), eff. September 1, 2009.

Tex. Business and Commerce Code § 56.057 Allocation of Risk Permitted

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Sec. 56.057. ALLOCATION OF RISK PERMITTED. An obligor or a primary obligor may not prohibit a contingent payor from allocating risk by means of a contingent payment clause. Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.001(a), eff. September 1, 2009.