Houston Construction Lawyers

What This Page Covers: 

• Experience: Fahl & Donaldson brings over 100 years of combined legal experience, offering expert counsel and representation to clients in the construction industry, ensuring their projects run smoothly and disputes are effectively managed.
• Preparation: Consulting a construction lawyer before starting a project helps develop solid plans, strategies, and contracts, preventing issues and safeguarding business interests from the outset.
• Disputes: Construction disputes, such as contract breaches, payment issues, and defects, require knowledgeable legal support to navigate delays, increased costs, and potential damages to professional relationships.
• Compliance: Ensuring adherence to regulatory standards, including OSHA citations and zoning regulations, is essential for construction projects to avoid legal complications and maintain project timelines.

Businesses operating within the construction industry understand the various legal complexities occupying every regulation and business contract. Because construction projects often involve multiple parties and collaborations, there is plenty of room for disputes and legal issues to arise. However, for a successful project to occur, it’s vital to implement protective measures, manage risks, and immediately respond to problems that arise.

Our Fahl & Donaldson lawyers have over 100 years of combined experience protecting the rights of those within the construction industry. We understand Texas’ unique construction laws and processes and deliver our clients the knowledge and counsel they need for a smooth project and partnership. When a construction dispute cannot be resolved, our Houston construction litigation attorneys are ready to go to trial or arbitration to protect your interests. We make every case trial-ready because that is the best way to achieve optimal results for our clients, even if the case is ultimately resolved outside of court or in an arbitration hearing.

Who We Represent

Our Fahl & Donaldson attorneys represent clients engaged in the design and construction of commercial buildings, industrial and manufacturing facilities, heavy civil public works projects, power generation plants and transmission facilities, chemical plants, refineries, pipelines, maritime-related projects, hospitals, schools and higher education facilities, churches, and multi-family residential projects.

The following consistently retain for guidance and representation through all phases of a construction project:

• Owners
• Engineers
• EPC contractors
• General contractors
• Construction managers
• Design-build contractors
• Lenders
• Sureties
• Subcontractors
• Fabricators
• Suppliers

Our attorneys advise and represent clients during all project phases, including project planning and development, design, procurement, and construction. Whether you are beginning a project or are currently facing legal complications, give our team a call and learn how we can help.

WHEN SHOULD YOU HIRE A HOUSTON CONSTRUCTION LAWYER?

The best time to consult and contact a Houston construction attorney is before a project starts. When you hire an attorney before a project begins, your lawyer will have time to develop solid plans, strategies, and contracts that benefit your business and prevent any issues from arising. However, if you’ve already started a project, signed a contract, or submitted a proposal, you should still seek legal representation from a construction attorney.

From employee disputes to Occupational Safety and Health Administration (OSHA) citations, having a lawyer on your side will provide vital protection. Our Fahl & Donaldson lawyers understand your challenges and offer the following services to our clients:

TYPES OF CONSTRUCTION DISPUTES WE HANDLE

Disputes can arise at any stage of a construction project, potentially causing delays, increased costs, and damage to professional relationships. When these disputes occur, it is essential to have a knowledgeable and experienced Houston construction litigation lawyer on your side.

At Fahl & Donaldson, our Houston, TX, construction litigation and arbitration attorneys handle various types of disputes, including but not limited to:

CONTRACT DISPUTES

A breach of contract is one of the most common types of construction disputes. It involves allegations that one party failed to meet their obligations as specified in the construction contract.

Also, disagreements can arise over the interpretation of contract terms, leading to disputes about responsibilities, scope changes, or payment issues.

PAYMENT DISPUTES

Contractors or subcontractors may claim they have not received payment for work performed, materials supplied, or services rendered.

Additionally, mechanic’s liens can be filed by contractors or subcontractors to secure payment for their work. Resolving these disputes often involves intricate legal procedures.

CONSTRUCTION DEFECTS

Disputes may arise when there are defects or deficiencies in the completed construction, such as foundation problems, roofing issues, or plumbing failures. Architects and engineers can be involved in disputes if their designs are alleged to be flawed or if they fail to meet applicable codes and standards.

DELAY AND DISRUPTION CLAIMS

Disputes may occur due to project delays, often involving issues like weather, changes in scope, or unforeseen site conditions. Contractors may also claim that disruptions on the job site led to productivity losses, impacting the project timeline and budget.

INSURANCE CLAIMS AND COVERAGE ISSUES

Disagreements may arise when insurers deny or undervalue claims for property damage, personal injury, or other construction-related issues. Policyholders and insurers may also dispute whether certain construction-related events are covered by insurance policies.

SUBCONTRACTOR AND SUPPLIER DISPUTES

Disputes can occur when subcontractors or suppliers fail to meet their contractual obligations, and allegations of subpar workmanship or materials may lead to disputes between contractors and subcontractors.

REGULATORY AND COMPLIANCE ISSUES

Permitting and zoning disputes may occur when construction projects face challenges related to zoning regulations, permits, or environmental compliance.

Also, accusations of safety violations can lead to disputes with regulatory authorities or other project stakeholders.

What Else Does Our Firm Handle?

Our legal team also handles the following types of claims:

• Front-End Engineering Contracts
• Detailed Engineering and Design Contracts
• EPC Contracts
• Master Service Agreements
• Professional Services Agreements
• Plant Maintenance and Construction Agreements
• Procurement Agreements
• Owner-Contractor Agreements – Stipulated Sum (Lump Sum)
• Owner-Contractor Agreements – Cost of the Work Plus a Fee (with or without a maximum guaranteed price)
• Construction Management Agreements – At Risk and Advisor
• Design-Build Agreements
• Owner- Contractor Energy Savings Performance Contracts
• Owner-Architect Agreements
• Owner-Engineer Agreements
• Risk Management Programs

Whether you are a property owner, contractor, subcontractor, or supplier, having a knowledgeable Houston construction lawyer to handle these types of construction disputes can help you protect your rights, mitigate financial losses, and achieve favorable outcomes.

By handling the above, our clients receive real-time resolution of disputes involving defective design or construction, bid protests, scope of work issues, unforeseen conditions, and other construction-related disputes. Contact our construction attorneys as soon as possible to protect your assets and project.

Advanced Dispute Resolution and Litigation Strategies in Construction Law

Navigating the intricacies of complex construction law requires a strategic approach that blends alternative dispute resolution with aggressive litigation tactics. At Fahl & Donaldson, our Houston construction lawyers not only represent clients during construction disputes but also guide them through both the trial and pre-trial phases in state and federal courts.

Alternative Dispute Resolution Techniques

Our team of experienced construction attorneys leverages advanced dispute resolution methods—such as mediation and arbitration – to resolve issues before they escalate. These techniques help minimize project delays and preserve business relationships for construction companies, general contractors, and design professionals alike. By incorporating these methods into construction contract negotiations and contract drafting, we help clients avoid the pitfalls of prolonged litigation while still protecting their rights in complex commercial litigation matters.

Trial-Ready Preparation in Federal and State Courts

When disputes cannot be settled out of court, our seasoned construction litigation team prepares meticulously for trial. Our approach covers every aspect of complex construction law, ensuring that our clients are well-represented in both state and federal courts. Whether addressing issues of premises liability or defending against construction defect claims, we are committed to delivering aggressive representation that covers every facet of your case, from contract drafting to courtroom strategy.

Proactive Legal Strategies for Construction Projects and Contract Drafting

Successful construction projects start long before the first brick is laid. By engaging with our Houston construction attorneys early on, clients can develop robust legal strategies that address the unique challenges of the construction industry. Our expertise in construction contracts and construction contract negotiations helps safeguard your interests and prevent costly disputes down the line.

Comprehensive Pre-Project Planning

We advise construction companies, general contractors, and design professionals on best practices in contract drafting to ensure all project details are clearly defined. This proactive planning minimizes the risk of construction disputes and project delays by establishing clear responsibilities and expectations from the outset.

Mitigating Risks Through Precise Contract Drafting

Effective construction contracts serve as the backbone of any successful project. Our construction attorneys specialize in drafting agreements that account for potential pitfalls—from issues of premises liability to challenges associated with real estate development. This careful attention to detail not only protects your investment but also positions you strongly in any future complex commercial litigation or construction litigation scenarios.

Managing Construction Defect Claims and Complex Disputes

Defects in construction can lead to significant financial losses and strained relationships among stakeholders. When faced with construction defect issues or construction defect claims, our firm stands ready to defend your interests with a deep understanding of complex construction law.

Addressing Construction Defects and Claims

Our team’s extensive experience in handling construction defect claims ensures that we thoroughly investigate the root causes of any defect. Whether the issue arises from substandard workmanship or design errors, we work closely with industry experts to build a robust defense that challenges liability. This expertise is critical for both general contractors and construction companies involved in real estate projects and other high-stakes ventures.

Resolving Complex Construction Disputes

Disputes in the industry often involve multiple parties, including design professionals, subcontractors, and property owners. Our proactive approach to dispute resolution addresses these challenges head-on, combining negotiation, mediation, and, when necessary, litigation. By focusing on comprehensive legal strategies, we help mitigate project delays and minimize financial exposure, ensuring that even the most complex disputes are resolved efficiently and effectively.

HOW OUR TEAM MANAGES DISPUTE RESOLUTION

We work to resolve disputes as they arise. When a dispute cannot be resolved, a third party – for example, a judge, a jury, or an arbitration panel – may be required to resolve the dispute.

In Houston construction cases our lawyers can timely negotiate practical and reasonable resolutions that help keep the project moving forward to completion. In most cases, litigation or arbitration can be avoided, and business relationships can be preserved. However, if going to court is the best way to protect your interests, we are trial-ready and will aggressively fight for you in court or in an arbitration hearing.

Unlike many other firms, our attorneys have real trial experience. We have tried many cases in state and federal courts, and we have resolved complex construction disputes before arbitration panels. Our litigation team has more than 100 years of combined experience. If you are involved in a construction dispute, do not hesitate to put us on your side today. We know the construction industry, and we know what is at stake for our clients. Let us fight for you.

Leveraging Expertise in Both the Trial and Pre-Trial Phases

At Fahl & Donaldson, our practice primarily practices construction law with a focus on ensuring that every client receives the full spectrum of legal services—from initial consultation through the trial and settlement phases.

Strategic Pre-Trial Negotiations

Our Houston construction attorneys understand that success in complex commercial litigation often depends on robust pre-trial strategies. We work diligently during the pre-trial phase to negotiate favorable settlements while preparing comprehensive documentation and evidence. This preparation is crucial in cases involving construction contracts, construction disputes, and allegations of construction defect.

Aggressive Representation in State and Federal Courts

When disputes proceed to litigation, our team is fully prepared to represent you in state and federal courts. Our experience in complex construction litigation ensures that we are ready for every challenge – whether it involves intricate issues in contract drafting or disputes over liability in large-scale construction projects. We pride ourselves on our ability to navigate the courtroom with precision, ensuring that your case is presented with clarity and determination.

HANDLING PAYMENT & PERFORMANCE BONDS

Failure of a contractor or subcontractor to pay its subcontractors and/or suppliers usually results in work stoppage, delay to the schedule, breach of contract, default, and termination. The payment bond surety must determine if the claims are valid and if the claims are perfected. We have the experience to work with the surety and the contractor to determine if a claim is valid and if a claim has been perfected under the Texas Property Code, the Texas Government Code, or the Miller Act.

Default and/or insolvency of a contractor usually result in the contractor being unable or unwilling to complete the project. When this occurs, the owner will declare the contractor in default and make a demand on the performance bond surety to complete the project.

How Fahl & Donaldson Can Help

Our construction law attorneys have the knowledge and experience to help the performance bond surety, the contractor/principal, or the owner/obligee to navigate a bad situation. We can help you determine:

• The scope of work required to complete the project
• If the defaulting contractor should be assisted in completing the project
• If a completion contractor should be tendered
• If the bond proceeds should be paid to the obligee
• Other alternatives

Third parties, such as lenders or taxing authorities, become involved with competing claims to the contract balance and claims against the performance bond and (occasionally) the payment bond. Often, the surety and the insurance companies become adverse parties. Insurance companies that have provided liability, property, or builder’s risk insurance to the owner, contractor, or subcontractors often become involved in claims involving defective design, defective construction, or damage to the work. This situation can be difficult when the bond principal and the insured are the same company.

Our Houston construction litigation lawyers have the knowledge and experience to guide you through the process, protect your interests, and seek a favorable resolution.

MECHANICS’ AND MATERIALMEN’S LIENS

There is no area of construction law more confusing than mechanics’ and materialmen’s lien law. Because of the competing interests of owners, lenders, title companies, architects, and several other groups, it is very easy to make a mistake when trying to perfect a mechanics’ and materialmen’s lien. If the claimant does make an error, the claimant could be exposed to claims of filing a fraudulent lien or placing a wrongful cloud on the title of the property.

We defend owners and/or general contractors against claims made by unpaid subcontractors or suppliers that have filed mechanics’ and materialmen’s liens on the property where the project is located. In many cases, the dispute is resolved by determining that the proper procedures set forth in the Texas Property Code were not followed, the lien is not “perfected” for the amount claimed, or the owner’s liability is limited to the retainage and the funds “trapped” by proper notices from the claimants. On other occasions, a summary motion to remove an invalid lien must be filed.

For an unpaid subcontractor, a mechanics’ and materialmen’s lien is the only security for non-payment. Our attorneys can assist you with the proper method to perfect a claim against the owner’s property due to non-payment by the general contractor and the best way to communicate with the owner to reduce the amount of heartburn the lien notice or lien may cause. We can help you successfully foreclose your perfected mechanics’ and materialmen’s lien to recover all or part of the amounts due on a project.

Contact Fahl & Donaldson for an Experienced Houston Construction Attorneys Today

When planning a large construction project, your responsibilities and tasks require considerable time and energy. In order to ensure no legal issues or problems arise, it is vital to speak with a professional attorney. Our Houston construction attorneys have over 100 years of combined experience serving clients across the Texas Gulf Coast area and statewide.

As a smaller firm, we offer personalized, attentive, and communicative legal representation our clients can count on and trust. Our proven legal acumen and long record of success in arbitrations, litigation, and negotiations have provided widespread assistance to clients throughout the state. We travel to you and assist with the planning and development of construction projects, as well as through the design, procurement, and construction phases of a project. Speak with a team member and schedule a free consultation today by calling (346) 486-4734 or completing our contact form.