The Texas Board of Legal Specialization has certified approximately 135 Texas lawyers as Board Certified in Construction Law. Lovein Ribman’s construction law department is overseen by two of those Board Certified lawyers. We represent every trade in the industry, from earthwork contractors, concrete contractors, HVAC contractors, steel fabricators, masonry suppliers and installers, electricians, structural repair contractors, plumbers, truss manufacturers, roofers, painters, commercial glass fabricators and installers, fire suppression contractors, and so on . . . We counsel and represent property owners, architects, engineers, developers, sureties, general contractors, subcontractors, and suppliers with every type of legal issue encountered on commercial, industrial, residential and public construction projects or through running a construction-related business. Our construction attorneys have been tried and tested, and are experienced in all aspects of construction law, to include enforcing payment through the mechanics lien and bond claim process; foreclosure actions; defending and/or prosecuting design claims, defect claims, and delay damage claims; and with drafting, reviewing, and modifying all types of residential and commercial contracts. We understand your industry. We listen to your needs. We will add value to your company.
We Know Construction Contracts
We have negotiated, modified, and created thousands of construction contracts, to include Construction Manager at Risk Contracts, Design Professional Agreements, Design Build Contracts, Cost Plus a Fee Contracts, Stipulated Sum Contracts, Insurance Proceed Contracts, Prime Contracts, Subcontracts, Purchase Order & Supply Contracts, and Residential Remodel Contracts. We are conversant with all variations of the AIA standard form contracts and general conditions as well as the EJCDC standard form contracts. If you are in the process of negotiating a contract or require a specifically tailored form contract, please contact us for a no obligation consultation by calling (888) 368-2483 or by submitting the form below. 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.
