At The Cromeens Law Firm, PLLC, we understand Texas construction laws. Our team of attorneys has extensive experience in multiparty construction disputes and can provide exceptional legal counseling with the following areas:
- Architect/engineers preparing plans and specifications.
- The contract between the owner and the original contractor (the prime contract) for the construction of an improvement.
- The Subcontract – A contract between the original contractor/general contractor (GC) and each subcontractor hired to perform work on a construction project.
- The Sub-Subcontracts – A contract between a subcontractor and another subcontractor for the performance of work on a project.
- Material Suppliers – A company that supplies materials to an owner, GC, or subcontractor for a construction project.
- Nonpayment to any of the parties listed above.
- Defaults and/or defects in work performance.
- Residential Construction Liability Act (RCLA) – A process that must be used when there is a default or defect on a residential project.
Since 2006, we here at The Cromeens Law Firm, PLLC, have proudly delivered exceptional, cost-effective solutions for our clients. We are confident that we can help resolve any concerns or issues your construction business may be dealing with.
The Role of Our Texas Construction Law Attorneys
At The Cromeens Law Firm, PLLC, we are your business partner in the construction industry. Our dependable and experienced attorneys know the best business practices — and most cost-effective ones — to help your business stay prepared on the front end of any transaction to keep disputes from arising.
Trust in our Texas construction attorneys to help your company with:
- Deciphering construction contracts. We know which terms need to be negotiated and can help you to fully understand exactly what it is that you are signing.
- Knowing your construction business rights. We know what your lien rights are and what information you can gather at the beginning of the project to ensure that you are fully paid for the work you do.
- Exclusive client benefits. Once you’re a client, our experienced staff is on call to answer all of your questions with our 24-hour guarantee. We will respond to your phone call or email within 24 hours.
- Learning opportunities. We offer monthly learning opportunities relevant to the construction industry so that you can stay ahead of the curve.
We are also here to help you respond to any legal issues. Did you receive a demand letter and want to know how to respond? Send it over to our Texas construction attorneys and we will advise you on the best way to deliver your response or draft a response letter on your behalf.
Once you become a client of The Cromeens Law Firm, PLLC, we become your on-call attorney for any issue that arises.
Most Common Construction Contract Disputes and How to Prevent Them
- What is the Scope? The bid or estimate you gave when you initially quoted a price for your scope of work generally does not become part of the Subcontract. That means that the work you are agreeing to do when you sign the contract may be different then what you bid. To fully understand the work, you will be required to perform you must review all the documents that define your scope before you sign the Subcontract. The Subcontract itself will tell you what documents are included. This usually includes the current plans, the current specifications, the project manual, and the Prime contract. All of these documents must be reviewed to understand what work you are agreeing to perform.
- Change orders. If you perform additional work outside your agreed scope without a written, signed change order, you will not be entitled to payment for the extra work. Read your specific Subcontract for the exact requirement. Make sure the extra work is agreed to and signed off on before you proceed with the additional work. Generally speaking, mail approval will be sufficient.
- Deductive Change Orders. A deductive change order occurs when you fail to complete or repair work that is in your scope. It will also occur when you damage the work of another scope. At all costs attempt to complete and repair any work that is in your scope once you are put on notice that it has become an issue. If you disagree with the deductive change order, address the issue immediately and in writing listing specifically why it should not be deducted from the amount you are owed.
- No Damages for Delay. This means that any extra mobilization cost or overtime cost that you incur, even if the reason for the delay or extra cost is not your fault, you will not be able to recover these extra costs. For example, if the project is not being scheduled properly and you are told to begin, but when you arrive at the project it is clear they are not ready for your scope and you must leave, those mobilization costs will not be recoverable. Try to negotiate something in the Subcontract to recover these costs, before you sign the Subcontract.
What Do I Do If Become Involved in a Construction Dispute?
Listed below are a few steps you can take if you have become involved in construction dispute:
- Put everything in writing, even if it is just an email. The facts as they occur are better.
- Use early risk management techniques to nip issues in the bud before they become disputes. By knowing and adhering to the terms in the contract, and developing strong communication practices with all project participants, your construction business can effectively avoid disputes.
- Collect all paperwork and documentation. Have it readily available for an attorney to review. Contracts, change orders (i.e., contract amendments), and other important documents along with their backups should be available in writing and signed.
- Adhere to your contract’s terms. Depending on your contract, you may have to send out contract notices to the parties listed in the contract. By doing this, you are protecting your company.
- Your right to payment for work you’ve done is enforceable through your lien rights. Sending a preliminary notice along with a notice of intent to lien usually clears up any kind of payment issue. However, should one arise, our construction law lawyers can help you collect what is owed to you.
Trust in The Cromeens Law Firm, PLLC, to fairly — and accurately — represent you in your dispute. Our Texas construction law attorneys can help you get the resolution you need.