THE LEADERS IN CONSTRUCTION LAW

“Experts in Construction Law.  5 Out of 5 Stars.  Highly Recommended!”  – Elevate Roofing, Inc.

Contract Negotiation, Creation & Modification

We Know Construction Law

The Texas Board of Legal Specialization has certified approximately 100 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.

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

Representing Clients in:

Houston, Texas Including the Cities of

Austin Including the Cities of

We offer legal representation in all 254 counties in Texas

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

“I cannot say enough about the attorneys at Lovein Ribman, who for well over a decade have consistently provided our company with immediate access and response, wise and thorough legal advice, guidance and representation through some of our most challenging of times.  Thank you for always being there for us.”  – K. Simon Construction
“Lovein Ribman is amazing! We’ve worked with them as needed for a few years now. Whether it’s a big issue or small, they always give us prompt attention and excellent assistance in resolving any issue. I would highly recommend them to anyone in the construction industry!”  – Mak Studio
“Robert Lovein and the entire Lovein Ribman team are great attorneys and a real asset to our company. I have consulted with them on countless projects over the past 12 years and they have always been great to work with. They are my go-to group for all legal-related matters.”  – CODY Air Conditioning & Heating
“This firm is very professional and timely. We have been working with them for 13+ years and will continue to do so. Couldn’t recommend a better team of lawyers to work with. They are on your side!”  – RECS
“Lovein Ribman has handled our Construction Legal business for 6 years and no one is better. Very professional and they know the law very well.”  – ASI
“Lovein Ribman has represented our company for over a decade. They have handled all of our matters with utmost professionalism and timeliness. I don’t make recommendations easily, but would recommend this firm without hesitation. I would consider Lovein Ribman as some of my top business advisers.”  – Cheyenne Construction
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