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The general prohibition against waiving lien rights under Chapter 53 of the Texas Property Code has been written about extensively, and is well known through the industry. However, the Construction Trust Fund Act (Ch. 162 of the Texas Property Code) does not contain any such prohibition. From the Act itself, it is not clear whether construction trust fund rights can be waived or not. Less than two years ago, the Texas Fourteenth Court of Appeals considered this issue, among several others, in
Mesa Southern CWS Acquisition, LP v. Deep Energy Exploration Partners, LLC. In that case, the Court considered the following provision:
Poissant
HOUSTON (Legal Newsline) – A Texas appeals court has affirmed a $1.35 million judgment against health care providers involved in the treatment of a girl who eventually committed suicide.
The case involved the death of a girl known in court papers as A.W., who started her treatment at Pediatrics Cool Care in Ennis in 2010. Her parents sued Dr. Jose Salguero, the facility’s lead physician, as well as a doctor who supervised other staff, a nurse practitioner and a physician’s assistant.
A.W.’s treatment came as a result of several different ailments, including acne, vomiting and migraine headaches. Depression was also a factor.