As anyone in Austin knows, construction is always happening throughout the city. Whether it be commercial projects or residential remodels, contractors, subcontractors, and suppliers are always busy. The Roarty Law Firm, PLLC is here to help from the time the initial contracts are drafted.
Construction Claims
There are a variety of types of construction issues that can arise before, during, and after a construction project. Some of the most common legal issues we see on a regular basis include:
- Residential Construction Disputes: When bringing a formal claim against a builder or contractor for issues related to a new build or a remodel, your Austin construction attorney will follow the statutory procedures outlined in Chapter 27 of the Texas Property Code, also known as the Residential Construction Liability Act (RCLA). These rules are extremely meticulous and it is necessary to consult with an experienced construction attorney when trying to navigate a residential construction dispute. Similarly, if you are a contractor hit with an RCLA claim, it is important to fully understand any rights or protections offered by the RCLA.
- Deceptive Trade Practices: When filing a claim, the defendant should also be notified about any Deceptive Trade Practices Act violations under the Texas Business and Commerce Code, Section 17, also known as the “DTPA.” Such actions include misrepresenting the quality of work or materials used or the skills of the workers involved in the project.
- Poor Workmanship: Contractors must perform their work in a good and workmanlike manner. Quality of work claims are a frequent source of construction disputes, especially when the quality does not adhere to industry standards.
- Delays: Delays can be common with construction projects; and, while frustrating, some delays are due to things beyond a contractor’s control like bad weather. If the construction delays are not due to causes like this and are unreasonably long, that can provide a basis to terminate the contract and seek damages caused by the delay.
- Failure to Honor a Warranty: If you purchased or built a new home, the contract likely contains a warranty. Builders also often offer limited warranties through third-party providers. Failure to honor an express warranty can be a breach of contract and a DTPA violation. Further, there are implied warranties in the State of Texas that contractors must honor.
- Project Abandonment: If a contractor took your money and abandoned the construction project, you will need the counsel of an experienced construction lawyer.
Construction Liens
The lien and bond claim perfection requirements in Texas are complex, with strict notice and filing deadlines and content mandated by statute. The Roarty Law Firm, PLLC regularly assists clients with perfecting liens and bonds and also represents clients on both sides of these claims in court. Liens are complex and a great way for contractors to trap funds but if an improper lien is filed, the filing party could face serious repercussions. Discussions with an experienced construction attorney help ensure that the lien is properly handled.
Contract Drafting and Negotiations
The Roarty Law Firm, PLLC has created, drafted, negotiated, and modified all types of construction contracts. Our firm is experienced, adept, and tenacious when it comes to construction contract negotiations, revisions, and terminations. Texas construction contract law is full of potential dangers for individuals and companies unrepresented by counsel or that are working with generalist practitioners. This is particularly true for subcontractors, who have less bargaining power in construction contract negotiation.
Construction contracts are legally binding agreements that detail out the work to be performed by one party and the payment due from the project owner or manager. Since construction projects vary greatly in complexity and size, there’s not one form or one approach that will work for all types of construction contracts and construction projects. All parties must be clear about their expectations regarding items such as expense reporting, budget, timeline, scope of work, communication maintenance, risk and liability, and/or how aspects of the construction project will be managed.
Some of the common types of construction contracts we work with include:
- Residential Construction Contracts
- Commercial Construction Contracts
- Cost Plus Contracts
- Stipulated Sum or Fixed Price Construction Contracts
- TAB Contracts
- AIA Contracts
- Prime Contracts
- TREC
- Subcontracts
- Purchase Order & Supply Contracts
- Residential Remodel Contracts
- Guaranteed Maximum Price (“GMP”) Contracts
Austin, Texas Construction Lawyer
The Roarty Law Firm, PLLC counsels and represents residential and commercial property owners, developers, general contractors, subcontractors, and more with virtually every type of construction law legal issue that arises in conjunction with a commercial or residential construction project. If your home, commercial building, real estate investment, development, or other property has construction defects or you have other construction disputes or questions about whether you may have a claim, you may have a right to financial compensation through pursuing legal action. A construction dispute can be costly for all involved; and, a quick resolution can get the project back on track and ensure everyone is paid. The sooner you contact a knowledgeable construction attorney, the better.