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

Submit this Simple Form or Call (888) 368-2483 to Talk to a Construction Attorney

Submit this Simple Form or Call (888) 368-2483 to Talk to a Construction Attorney
We have worked with many law firms all over the United States since we are a multi-state contractor. This firm is one of the best. They are very professional and well versed in the law and yet make you feel like they are part of your everyday management team! I highly recommend Lovein Ribman!"
- Premier Site Services, LLC
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"I am the General Counsel of a large firm and retained Lovein Ribman, P.C. to assist our firm with a litigation matter. Their attorneys were smart, professional, exceptionally responsive, insightful and very fair regarding invoicing. They achieved a terrific result for our firm and I strongly recommend this firm and their talented attorneys."
- Jane Leopold-Leventhal
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Whether it's reading a contract before you sign it to work on a project, or reading a contract after you already signed it and things go sideways, or you simply need to be paid monies that are owed to you; Robert Lovein and his team of attorneys are the best. I have never had the need to look for another attorney since 2010 when I first made contact with him. He is professional, quick and responsive in your time of need. He will forever be the attorney I want to represent me on all matters of business. On top of being a good attorney, he will also give you good advise to avoid needing his services in the future. Which I never really understood, until recently. If you are successful in your business, you will always run across someone who wants to take what you have. Having a good attorney in your corner ready to fight for you is a must. Robert Lovein is who you want!
- Montte Villarreal
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"I had a great experience with the assistance I received from Lovein Ribman and feel blessed to have found their company. The people that work there are exceptional and I have enjoyed working with them. Thank you. A+ service. Although I hope we do not need legal assistance in the future, I know they are there for me if any unfortunate events occur and I can count on them to resolve the problems."
- Williams and Sons Masonry Co., LLC
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They were great to work with since the beginning to end. Very knowledgeable and quick responses. Def recommend.
- Maggie Escalona
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We were having trouble with the contractor who did the mitigation and we went in the contract with them for the remodeling. Despite prior agreement, the contractor refused to perform the scope of work as agreed and refused to provide a refund of our deposit despite our request. We have made attempts to communicate with the contractor via email, but unfortunately, our inquiries were ignored. In an effort to resolve the issue, we scheduled a consultation with the law firm of Lovein & Ribman, and through our consultation with Robert, we were provided with valuable guidance and support. We found Robert to be not only highly knowledgeable in his field but also a VERY kind human being who courteous, and committed to helping us navigate this situation. We have had to work with several attorneys over the years through various situations, and Robert stands out as one of the most exceptional. What sets him apart is his genuine commitment to helping his clients, rather than just focusing on the financial aspect of a case. Our experience with Robert was a true reflection of this approach, as he treated us with care and compassion, never making us feel like just another paycheck. His level of professionalism and dedication to his clients is truly admirable, and we highly recommend his services to anyone seeking assistance. WORTH every penny spent!!
- Tutti-Daniel Green-Wolterman
DFW Metroplex

1225 S. Main Street, Suite 200
Grapevine, Texas 76051

(817) 442-5106

Fort Worth

2100 N. Main Street, Suite 214
Fort Worth, Texas 76164

(817) 442-5106

Austin

919 Congress Avenue, Suite 1220
Austin, TX 78701

(512) 215-2777

Houston

2800 Post Oak Blvd., Suite 5600
Houston, Texas 77056

(346) 291-5106

(BY APPOINTMENT)