At Callender Bowlin, our attorneys have firsthand knowledge of what it takes to successfully litigate and resolve the most difficult construction matters. Our construction experience has landed our clients courtroom and arbitration victories both nationally and internationally. Our cases deal with construction matters involving and representing owners, contractors, developers and design professionals. We also represent individuals and companies dealing with construction problems tied to hurricane and storm rebuilding across the Gulf Coast. If you are facing construction defects, bad workmanship, or delays connected to a rebuilding effort, we can help.
Texas Laws That Shape Construction Disputes
Construction disputes in Texas rarely turn on the contract alone. A framework of state statutes governs how these cases are pursued and defended, and knowing which one applies often decides the outcome. When a contractor, subcontractor, or supplier goes unpaid, Chapter 53 of the Texas Property Code gives them the right to file a mechanic’s lien against the property to secure what they are owed, provided they follow strict notice and filing deadlines. The Texas Prompt Payment Act (Property Code Chapter 28) sets deadlines for owners to pay contractors and for contractors to pay their subcontractors, with interest penalties for late payment.
Defect claims on residential projects run through a different track. The Texas Residential Construction Liability Act (RCLA, Property Code Chapter 27) requires an owner to send the contractor written notice of the alleged defect and give the contractor a chance to inspect and offer a repair or settlement before a lawsuit can move forward. Missing these pre-suit steps, or missing a lien or payment deadline, can weaken an otherwise strong claim, which is why early legal guidance matters so much in construction matters.
Litigation, Arbitration, and Getting Paid
Not every construction dispute belongs in a courtroom. Many construction contracts contain arbitration clauses that require the parties to resolve disagreements through arbitration rather than litigation, and whether such a clause is valid and covers the dispute is often a threshold fight of its own. Where there is no enforceable arbitration agreement, the default forum is Texas district court. Public projects add another layer, with payment and performance bond requirements under the Texas Government Code that differ from private work.
Whichever path a case takes, the practical goal is usually the same: getting paid what the contract and Texas law require, or defending against a claim that overstates what is owed. We evaluate the contract, the statutory deadlines, and the strength of the evidence, then pursue the most efficient route to a resolution, whether that means negotiating a settlement, enforcing a lien, or trying the case.
Who We Represent in Construction Disputes
A single construction project can involve owners, general contractors, subcontractors, suppliers, and design professionals, and when a dispute breaks out, their interests rarely line up. The party you are in the case determines what leverage you have and which statutes work for or against you, so representation has to be tailored to your role rather than applied from a template.
Property owners and developers often come to us when a project is over budget, behind schedule, or riddled with defective work, and they need to hold a contractor accountable while protecting the value of the finished project. General contractors face pressure from both directions at once, defending against owner claims while pursuing subcontractors whose work is actually at issue. Subcontractors and suppliers are most often fighting to get paid, and for them the mechanic’s lien and prompt-payment tools under the Texas Property Code are frequently the most direct route to recovery. Design professionals such as architects and engineers face their own category of exposure, including claims that require specialized defenses. We represent clients across all of these roles and shape the strategy around where each one sits in the dispute.
Construction Litigation FAQs
How long do I have to file a mechanic’s lien in Texas?
Texas sets strict deadlines for perfecting a mechanic’s lien under Chapter 53 of the Property Code, and they depend on your role on the project and whether the project is residential or commercial. The deadlines involve both monthly pre-lien notices and a filing cutoff tied to when the work was completed or the debt accrued. Because missing a single step can defeat an otherwise valid lien, it is worth speaking with an attorney as soon as payment problems appear rather than waiting until a deadline is close.
Do I have to arbitrate my construction dispute?
Only if your contract requires it. Many construction contracts contain an arbitration clause, and if that clause is valid and covers the dispute, a Texas court will generally enforce it and send the parties to arbitration instead of trial. If there is no enforceable arbitration agreement, the default forum is Texas district court. Whether a particular clause applies to your dispute is often a threshold question worth reviewing before you take any other step.
What has to happen before I can sue over a home construction defect?
For qualifying residential projects, the Texas Residential Construction Liability Act (Chapter 27 of the Property Code) requires the homeowner to send the contractor written notice describing the alleged defect and to give the contractor an opportunity to inspect the property and offer a repair or settlement before filing suit. Following this pre-suit process correctly matters, because skipping it can delay or undermine a defect claim.
What can I recover in a construction dispute?
It depends on the facts and your role, but recovery can include monetary damages for the cost to complete or correct work, delay-related losses, unpaid amounts owed under the contract, interest and penalties under the Prompt Payment Act, and in some cases attorney’s fees. The right measure of damages is often contested, which is why documenting the loss carefully is a central part of building the case.
Types Of Construction Litigation Cases We Handle
With over 50 years of combined litigation experience, Callender Bowlin has handled all varieties of construction litigation claims. Some of the most common types of construction litigations cases include:
- Delay claims
- Contract overruns and breach
- Liquidated damage provisions
- No damage for delay clauses
- Flow down provisions in knock-for-knock contracts
- Storm and hurricane rebuilding disputes with contractors and insurers
Our attorneys have experience working in all phases of construction litigation. We can help ensure a construction contract is fair and maintains your rights, particularly in the event of a dispute, and we can help companies already embroiled in construction litigation disputes. We understand there is no one size fits all solution to resolving construction disputes, so we work to craft unique solutions to best fit our clients’ needs. Whether we represent clients in a courtroom, in negotiations, or in arbitration, we provide aggressive legal strategies for our clients.
Houston, Denver, and Albuquerque Construction Litigation Attorneys
There is a lot at stake in any type of construction dispute, so it is never too early to speak with a Houston commercial litigation lawyer about your case. At CB Trial, we understand litigation can be costly, so we offer a variety of creative fee agreements to meet your needs. Call us today or reach out by completing our secure contact form to schedule a consultation to discuss your case.
