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

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
The outcome was not exactly as what I expected but at least got things resolved.
- Lisa Bell
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I thank God for a company like Lovein & Ribman. Their attention to our case was beyond fantastic!!! Everything I sent to them or asked of them was addressed immediately. They kept my stress level to a bare minimum because I had answers within 5 minutes of asking any question. I highly recommend Lovein Ribman! They are phenomenal!
- Babby Posey
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"These guys are legit! They were every honest about the possible outcomes of our case. Gave us their plan of attack and then executed it flawlessly. So much so, the opposing parties withdrew and moved on. I was being sued by a previous employer over a non-compete. David was our council and he was a rock star. I was getting email regularly receiving emails after hours and getting responses to my questions about them late into the night. That’s dedication. Priced very fairly for their level of competency. Will definitely call them again if the need arises."
- DeeCo Construction
"Nick Messina was awesome; quick responses and got my lien issues resolved in a fast and cost efficient manner. I would recommend him and Lovein / Ribman again without a doubt. Keep up the good work. We need more lawyers like this!!"
- Leslie Talbot
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"I was concerned when I found out I had a lien on my home a few days ago. I found Lovein Ribman on a google search and from the time that I inquired to the resolution of my mechanic's lien, it was a quick painless process. Attorney Nick Messina was detailed, answered all my questions and called me almost right away. Not only was he professional, but he was also upfront on what to expect with every scenario. I got the result that I was looking for in almost 24 hours from the time of contact. May not be the case for all but I assure you this team will put everything into what they do. They will forever be a go to for my family and friends."
- Billy R.
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We have used Lovein Ribman as our direct legal counsel on subject matters such as subcontract review and other construction related matters. We recommend them to other subcontractors and or clients who request a construction law firm who is trustworthy and produces results.
- Mobil Construction Corporation
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