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.
