Texas construction law
Construction disputes have deadlines that do not forgive. Lien filings, notice letters, and contractual claim windows all run on their own clocks — and missing one can eliminate a good claim before anyone reaches the merits.
We represent property owners, general contractors, subcontractors, and suppliers in Texas construction disputes involving performance, payment, workmanship, and scheduling. The firm handles commercial construction litigation, including multi-million dollar disputes among owners and their contractor chain, alongside residential defect and builder disputes.
The work runs from contract negotiation at the front end to lien perfection, arbitration, and trial at the back. Where a project is still moving, the goal is usually to protect the claim while keeping the job alive. Where it has stopped, the goal is to establish position quickly — because in construction, whoever documents the record first tends to control the narrative later.
What we handle
- Construction defect and workmanship claims
- Payment and performance disputes
- Mechanic's and materialman's lien filing, perfection, and defense
- Delay, disruption, and acceleration claims
- Project abandonment and termination disputes
- Disputes among owners, general contractors, and subcontractors
- Warranty claims and RCLA notice practice
- Construction contract drafting, review, and negotiation
The deadline problem
Texas lien law is technical and unforgiving. Notice deadlines run monthly, affidavit filing deadlines run by project type, and the requirements differ for residential and commercial work, and again for original contractors versus subcontractors and suppliers. A claim that would have been worth pursuing can be worth nothing because a notice went out in the wrong month or to the wrong party.
If you are on a project where payment has slowed, the useful call is the early one — before the deadline math gets tight. If you are an owner facing a lien you believe is invalid or inflated, there are mechanisms to challenge it, and some of those also run on clocks.
Frequently asked
General information about Texas law, not legal advice for your situation.
What kind of lawyer do I need to sue a home builder in Texas?
A construction litigation attorney. Residential construction claims in Texas run through the Residential Construction Liability Act, which requires written notice to the builder and an opportunity to inspect and offer repair before suit — and your contract very likely contains an arbitration clause that determines where the dispute is heard at all. Those two features shape the case from day one, which is why a general civil litigator without construction experience often loses ground early.
How do I file a mechanic's lien in Texas?
You file a sworn lien affidavit in the real property records of the county where the project sits, and — critically — you must have sent the required pre-lien notices to the owner and, depending on your tier, the original contractor. The deadlines depend on whether the project is residential or commercial and on whether you are the original contractor or a subcontractor or supplier. Because the notice requirements are where most liens fail, this is worth getting reviewed before you file rather than after.
How much does it cost to sue a contractor?
Enough that it is worth asking whether the contract lets you recover fees. Many Texas construction contracts include a prevailing-party attorney's fee provision, and Chapter 38 of the Civil Practice and Remedies Code allows fee recovery on certain breach of contract claims. Whether your claim is economically worth bringing depends on the amount at issue, whether arbitration is required, whether the counterparty is collectible, and whether fees are recoverable — and we will tell you candidly when a claim is not worth what it will cost to pursue.
The contractor abandoned my project. What are my options?
Read the termination provision before doing anything else — terminating incorrectly can convert your claim into their claim. Generally you will want to document the state of the work immediately, secure the site, obtain a completion estimate from a replacement contractor, and preserve the contract and payment records. Whether you pursue the original contractor, the payment or performance bond surety if there is one, or both, depends on how the project was papered.
Can I still bring a claim if I already paid the contractor?
Often yes. Payment is not a waiver of defect claims unless you signed a release that says so — and lien waivers exchanged during a project are frequently drafted more broadly than the parties intended. What you signed and when will drive the answer, so bring the pay applications and any releases to the first conversation.
Writing on construction law
We are still writing the first posts in this area. Browse everything published so far, or ask us your question directly on a free consultation.
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