We Know Construction Law

Texas TBAE and TBPE Disciplinary Defense

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.

Disciplinary complaints are serious and certain violations can result in loss of the professional’s license or even criminal prosecution.  Lovein Ribman’s construction attorneys defend professionals against complaints filed with the TBAE and the TBPE, from initiation of the complaint through final resolution.  If you have received a complaint, please contact us at (888) 368-2483 or submit the Contact Form so we can discuss the complaint and the complaint process for no charge. To learn more about the TBAE and TBPE complaint process, read below.

Texas Board of Architectural Examiners Complaints

The Texas Board of Architectural Examiners (“TBAE”) regulates the conduct of architects, landscape architects, and registered interior designers. The Board may initiate a contested case proceeding in response to: (1) a written complaint filed by a member of the public; (2) information provided in a registration application or renewal form; or (3) other information known to the Board which establishes probable cause. The Board shall not act upon a written complaint filed by a member of the public unless the allegations describe conduct that violates a rule or statutory provision enforceable by the Board. When a complaint is filed, the TBAE enforcement staff must conduct a preliminary evaluation of the claim within 30 days to determine: (1) jurisdiction, (2) prior disciplinary history, and (3) the seriousness of the complaint. After performing these steps, the TBAE will notify the professional of the complaint and request the professional to respond in writing within 30 days of receiving notice of the claim. Failure to respond to the complaint may constitute a separate violation subjecting the professional to disciplinary action.

A contested case may be informally resolved at any time without a final hearing, wherein findings of fact and conclusions of law are memorized into a consent order or letter of reprimand. The Board and the Executive Director shall take into account the following factors when considering a proposed settlement: (1) the nature, circumstances, extent, and gravity of any relevant act or omission; (2) the hazard or potential hazard to the health, safety or welfare of the public; (3) the economic harm resulting from the conduct; (4) the professional’s history concerning any previous ground for sanction; (5) the severity of penalty necessary to effectuate specific and general deterrence; (6) any effort by the professional to take prompt remedial action; (7) the economic benefit gained by the professional as a result of the conduct; and (8) any other matter justice may require. A professional can request a voluntary informal conference with the Executive Director to discuss the claim prior to negotiating a settlement or proceeding to final hearing.

If an informal settlement cannot be reached, then the claim is referred to the State Office of Administration Hearings for a formal hearing, wherein evidence will be admitted through documents and witnesses and a final determination will be rendered.

A complaint can result in a fine, probation, or suspension of the professional’s license. Given the seriousness of the complaint process, a professional should always consult with a qualified construction defense attorney before responding to a complaint or entering into an informal settlement.

Texas Board of Professional Engineers Complaints

The Texas Board of Professional Engineers (“TBPE”) is responsible for investigating alleged violations of the Texas Engineering Practice Act (“Act”). The Board may initiate its own investigation or in response to a complaint filed by a member of the general public. The provisions of the Act and the Administrative Procedure Act, Chapter 2001, Texas Government Code, apply to the conduct of all investigations and administrative actions in processing of a complaint.

Upon receipt of a written complaint and supporting evidence, the Board will review the complaint and determine whether a potential violation exists and if so, the Board will proceed with an investigation. If a potential violation exists and the board has authority to resolve the complaint, the Board shall set a priority for the complaint and initiate disciplinary proceedings against the professional. The Board has the authority to: (1) informally or formally request information and documentation from the involved parties, (2) perform site visits or inspections to investigate the complaint, (3) contract technical consultants and other services to investigate and evaluate aspects of the complaint or evidence, (4) subpoena information, as required, (5) seek the assistance of local and state law enforcement authorities, and (6) seek out any other investigative action needed to assist in the resolution of the complaint. If sufficient evidence does not exist to substantiate a violation of the Act or Board rules, the Board staff shall recommend dismissal of the complaint and report the dismissal to the Board. Upon the determination that there is sufficient evidence in support of the complaint, the Executive Director shall notify the professional of the alleged violation and request a written response.

After evaluation of the professional’s response, if a violation appears evident, the Executive Director shall initiate an enforcement action against the professional. The action may be informally resolved by: (1) entering into an agreement of voluntary compliance; (2) agree to an informal Consent Order or Agreed Board Order that may include an administrative penalty and/or compliance requirements; (3) agree to mediation; (4) referral of injunctive or criminal actions to the proper authorities; (5) referral to the State Office of Administrative Hearings; or (6) other action as provided by law.

Before proceeding with the formal contested case hearing process, the professional shall have an opportunity to resolve the allegations informally through a Consent Order with findings of fact and law. The professional may also request an informal conference to present additional evidence and discuss details of the allegations. The State Office of Administrative Hearings shall conduct all formal hearings and contested cases in accordance with the Administrative Procedures Act.

A complaint can result in a fine, probation, suspension of the professional’s license, and/or criminal prosecution. Given the seriousness of the complaint process, a professional should always consult with a qualified construction defense attorney before responding to a complaint or entering into an informal settlement.

IF YOU ARE INVOLVED IN A TBAE OR TBPE INVESTIGATION, PLEASE CONTACT US TO DISCUSS HOW WE CAN ASSIST YOU WITH DEFENDING AGAINST THE CLAIM.

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
Nick Messina was great to work with. He did exactly what we hired him to do with professionalism and clearly brought expertise to the table. Most important to me, he offered wise counsel along with describing our options, even when other options would have driven up the legal bill! Trustworthy and effective!
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Very nice concealing I really like the vibe and people. I definitely go again. They were very nice.
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A ONE TIME PURCHASE WITH A LIFETIME OF CUSTOMER SUPPORT! Back in 2013 I purchased one the "Hired By Owner Residential Lien Kits" Not only did the lien kit meet my needs and expectations over the years but the customer support which I did not expect, is the best you will find anywhere today! Throughout the eight years I've owned the kit I've on occasion, called or emailed Mr. Lovein with one or more questions. Every time I've reached out, Robert has continually returned my calls and emails the same day and generally with in a one-hour time frame. Robert has always had an answer and was always glad to help. Even after eight years! Not once did he ever make me feel like I was imposing and has always been professional, courteous and treated me with the utmost respect. I think the email below that I sent Mr. Lovein recently will convey the rest of my thoughts and how they continually provide a high excellence of quality services while maintaining an unmatched level of customer support. Robert, once again Sir, thank you for your time! Now I can put this thing into action. Just wanted to say as a 30 year professional myself. Your firm goes the extra mile to overdeliver and provide value and a quality product as well as the customer service, that is far too many times overlooked by a lot of so called "professional service providers" of today's world. The ones that take pride in serving their customers in a caring and professional manner are the ones who stand out as "the leaders" in their niche or profession. It's that one extra step that puts you a mile above the rest in the industry and really makes it a no-brainer when it comes to making the choice of a company that you can count on to fulfill on the commitment that they've made to their customers. You guys do a great job and I for one am grateful for the quality service and ongoing customer support that you provide. Ya'll have a great weekend man! Td Hunt
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This was my first experience using a lawyer for contract/lien issues. I found them online and was impressed with how competent and helpful they were from the beginning. They did an excellent job resolving our issue. They were prompt with responses to questions and available by phone and email. They were very reasonably priced and upfront about the costs associated with what we were needing to do. We will use them for any legal needs that may arise in the future. Highly recommend!!
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It was easy to make a telephone appointment with Mr. Lovein Ribman and talked to him on the phone as scheduled. Mr. Ribman spend almost one hour with me on the phone giving me valuable consultation, information and advises free of charge. He is knowledgeable and highly professional.
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