We Know Construction Law

Construction Contracts for Contractors in Texas

We Wrote the Book on Texas Construction Law — Literally.

At Lovein Ribman, construction law is not just a practice area—it is the foundation of our firm. For nearly two decades, we have represented the full spectrum of the construction industry in every type of dispute and transaction across commercial, residential, industrial, and public works projects throughout Texas.  Our leadership in this field is well established.  Managing Partner Robert M. Lovein and Senior Partner Elana M. Ribman are the co-authors of Texas Construction Law and Practice, published by LexisNexis and Matthew Bender.  A treatise to be relied upon by attorneys, judges, arbitrators, and construction professionals for guidance on preparing, filing and foreclosing statutory and constitutional mechanic’s liens; litigating residential and commercial construction defect claims; construction contract drafting and disputes; and understanding common construction statutes.  The firm’s Construction Law Department is led by two of only 161 attorneys in Texas who are Board Certified in Construction Law: Robert M. Lovein and Nick Messina. Year after year, Best Lawyers—the legal industry’s leading peer-reviewed publication—has recognized Lovein Ribman as one of the top construction law and litigation firms in Texas. Chambers and Partners has also recognized the firm for its strength in construction law. These distinctions, combined with our extensive construction litigation and transactional experience, set us apart as one of the most qualified construction law teams in the state.

We Know Construction Contracts

We have negotiated, modified, and created thousands of commercial and residential construction contracts, to include Construction Manager at Risk Contracts, Design Professional Agreements, Commercial Prime Contracts (Cost Plus a Fee Contracts and/or Stipulated Sum Contracts), Insurance Proceed Contracts, Subcontracts, Purchase Order & Supply Contracts, New Home Construction Contracts, and Residential Remodel Contracts.  We are conversant with all variations of the AIA standard form contracts and general conditions, the EJCDC standard form contracts, and the TAB Residential form contracts.  If you are in the process of negotiating a contract or require a specifically tailored form contract, please contact us to schedule a consultation by calling (888) 368-2483 or by submitting the Contact Form.  Read on to learn more about the most commonly negotiated commercial contract provisions and the mandatory/optional residential remodel provisions.

Commonly Negotiated Commercial Contract Provisions

  • Claims for additional time, increased costs, and consequential damages as a result of owner and/or contractor delays or interference with the work.
  • Change Orders procedures and calculation of additional costs, contractor’s fee, and additional time.
  • Suspension of the work, termination for cause and/or convenience.
  • Indemnification for third party property and personal injury claims.
  • Warranty obligations and claim procedures.
  • Concealed or unknown site conditions.
  • Critical Path Schedules and Schedule of Values.
  • Dispute resolution, mediation condition precedent to arbitration and/or civil litigation.
  • Timing and condition precedents to progress & final payment and withheld retainage.
  • Insurance, Performance Bonds, and Payment Bond Requirements.

Mandatory Residential Remodel Contract Provisions

  • The mandatory warning printed in at least 10-point boldface font in accordance with Texas Property Code Section 41.007(3).  (Failure to include is a violation of the Deceptive Trade Practices Act.)
  • The mandatory right to rescind the contract without penalty or charge within three days of execution in accordance with the Texas Constitution Article 16, Section 50(a)(6)(Q)(viii).  (Failure to include voids the contract.)
  • Designation for both spouses signatures.  (Failure to include and obtain both signatures waives lien rights on a homestead property.)
  • If binding arbitration is selected as the choice for dispute resolution, then the provision must be in at least 10-point boldface font.  (Failure to include invalidates the arbitration requirement.)
  • Incorporation, attachment, and/or delivery of the Residential Disclosure Statement in accordance with Texas Property Code Section 53.255.  (Failure to include is a violation of the Deceptive Trade Practices Act.)
  • Notice that the contract is subject to the Residential Construction Liability Act pursuant to Texas Property Code Chapter 27 in at least 10 point boldface font.  (Failure to include subjects contractor to a $500.00 fine plus other potential penalties.)

Optional Residential Remodel Contract Provisions

  • Consequences for wrongful termination by property owner after the 3 day right to rescind and before work has commenced.
  • Protection for payment of additional work, scope modifications, and insurance supplements.
  • Waiver of the right to receive an original or updated list of subcontractors and suppliers in accordance with Texas Property Code Section 53.256.
  • Notice that the contractor is not authorized to “advocate” with the property owner’s insurance company or act as a public adjuster in accordance with Texas Insurance Code 4101.001.

IF YOU ARE NEGOTIATING A COMMERCIAL OR RESIDENTIAL REMODEL CONSTRUCTION CONTRACT OR ARE INTERESTED IN A SPECIFICALLY TAILORED CONTRACT THAT MEETS YOUR COMPANY’S NEEDS, PLEASE CONTACT US TO DISCUSS.  FOR NO FEE, WE WILL: (1) REVIEW YOUR CURRENT CONTRACT; (2) ADVISE AS TO THE NECESSARY MODIFICATIONS; AND (3) RECOMMEND A COURSE OF ACTION.

TEXAS CONSTRUCTION ATTORNEYS

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Robert M. Lovein

About the Author

Robert M. Lovein is the Managing Partner at Lovein Ribman, P.C. , a Texas-based construction law firm.

He is Board Certified in Construction Law by the Texas Board of Legal Specialization and brings nearly 30 years of experience representing contractors, business owners, and professionals across Texas.

Submit this Simple Form or Call (888) 368-2483 to Talk to a Construction Attorney
Very patient, thorough, accessible, and responsive law firm. Not only the attorneys, but also, their office staff members. This is very important, when a plaintiff is already upset by the circumstances, which lead you to retain legal counsel, in the first place. Our outcome was successful. So, we are happy, but even if we had not prevailed legally, the service we received from this law firm was still "top notch"!! We highly recommend them.
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"My experience with Lovein Ribman has been nothing short of professionally exceptional . They have been clear from the beginning with their expectations and outcomes. There has been no sugar coating of anything (which anyone should appreciate in a case that goes to trial.). They took the time to understand my business case inside and out. They were always available when I needed them. They were always prompt and prepared prior to every meeting, deposition, and ultimately trial. They never wasted time, mine or theirs. They, at all times had my business and my best interests at heart. It was due to all of these attributes that my case (being the defendant) was won in spectacular fashion. Finally, I can say that had I not won, I would still have continued to use Lovein Ribman, as I currently am."
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I am really glad I found this law firm. They work all over Texas even though I was in Houston. My attorney and his staff handled the case expediently and looked out for my best interests, which mainly was to get my case resolved as soon as they possibly could. What stood out the most was how responsive the law firm was. Emails were answered quickly and phone calls returned right away. I have worked with other law firms and can attest my experience with Lovein Ribman has been the best bar none. I highly recommend them for your legal needs.
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Matt is a wealth of expertise. Also, they have one of the most beautiful offices I’ve seen in years.
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My wife and I have been Blessed to work with this firm. They were amazing, they truly care about the outcome of every situation. They made us feel very comfortable and at ease given the stressful situations we had in front of us. I can go on and on. I highly recommend this firm.
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We had an excellent experience with Lovein Ribman. Jacob Hamilton is fantastic. He is very professional, honest, and definitely has his clients best interest at heart. We definitely recommend this firm!
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