Construction Dispute Attorney in Dallas, Texas

When you are dealing with construction disputes, it’s important to contact an experienced attorney who knows the ins and outs of real estate litigation. I, Thomas McMurray, P.C., recognize that the construction industry in Texas is a vital part of our state's economy, fueling growth and development.

However, with this growth comes the potential for disputes and litigation, which can arise at any stage of the construction process. Whether you're a contractor, developer, or property owner, understanding the challenges of construction law is crucial to protecting your interests and managing potential conflicts.

Common Causes of Construction Disputes

Construction disputes can arise from various issues, often rooted in disagreements over contract terms, project delays, or the quality of work. In Texas, one of the most common causes of disputes is contract ambiguity. When contract terms aren't clearly defined or are open to interpretation, parties may have differing expectations, leading to conflict. This can involve disagreements over payment schedules, the scope of work, or change orders that alter the original contract.

Another frequent source of disputes is project delays. Construction projects are often subject to tight deadlines, and any delay can have significant financial implications. Delays can result from various factors, including weather conditions, supply chain disruptions, or labor shortages. When a delay occurs, the parties involved may dispute who is responsible and whether compensation or penalties are warranted.

I have found that clear communication and proactive management of potential delays can often mitigate the impact of these disputes.

Managing Contract Disputes

Within construction law, contracts are the foundation of any project. They outline the responsibilities, rights, and obligations of each party involved. When disputes arise, the contract is usually the first place I will look to resolve the issue. I understand that a well-drafted contract can prevent many disputes from escalating to litigation.

When managing contract disputes, it's essential to closely examine the contract terms and any correspondence between the parties. This includes emails, change orders, and meeting minutes, which can provide context and clarify the intentions of the parties. If a dispute can't be resolved through negotiation, litigation may become necessary, requiring a thorough understanding of construction law and the ability to present a compelling case in court.

The Role of Mediation and Arbitration

Before resorting to litigation, many construction disputes in Texas are resolved through alternative dispute resolution (ADR) methods, such as mediation or arbitration. These methods offer a more cost-effective and efficient way to resolve conflicts compared to traditional litigation. Mediation involves a neutral third party who facilitates discussions between the disputing parties to help them reach a mutually agreeable solution.

Arbitration, on the other hand, is a more formal process where a neutral arbitrator hears both sides of the dispute and makes a binding decision. In Texas, many construction contracts include arbitration clauses that require parties to resolve disputes through arbitration rather than litigation. I have extensive experience representing clients in both mediation and arbitration, making sure that their interests are vigorously protected.

Understanding Construction Defects

Construction defects are another significant area of dispute in the construction industry. These defects can range from minor issues, such as cosmetic imperfections, to major structural problems that compromise the safety and integrity of a building. In Texas, construction defects can lead to litigation if the parties can't agree on a resolution.

Defects are generally categorized into three types: design defects, material defects, and workmanship defects. Design defects occur when the plans or specifications for the project are flawed, leading to problems in the final construction. Material defects arise when the materials used in the construction are substandard or inappropriate for the intended use. Workmanship defects result from poor-quality work by contractors or subcontractors.

Pursuing a Construction Defect Claim

When a construction defect is discovered, it’s essential to act quickly to preserve your legal rights. In Texas, the statute of limitations for filing a construction defect claim can vary depending on the nature of the defect and the type of claim being pursued. Typically, a claimant must file a lawsuit within four years of discovering the defect or within ten years of the project's completion, whichever comes first.

I guide my clients through the process of pursuing a construction defect claim, from investigating the defect to negotiating with the responsible parties. If a settlement can't be reached, I’m prepared to litigate the case in court to achieve the best possible outcome for my clients. My approach involves thorough investigation and expert consultation to build a strong case that supports your claim, minimizing the stress and disruption caused by the defect.

Insurance and Bonding Issues

Insurance and bonding are critical components of risk management in construction projects. General liability insurance, builders' risk insurance, and performance bonds are commonly used to protect against financial losses resulting from construction disputes. However, disputes can arise over the coverage provided by these policies, particularly in the event of a construction defect or delay.

Insurance companies may attempt to deny or minimize claims, leading to further disputes. I help my clients manage the challenges of insurance and bonding issues, making sure that they receive the coverage and compensation they are entitled to under their policies. My experience includes negotiating with insurers and bonding companies to resolve disputes efficiently, allowing you to focus on completing your project.

Addressing Payment Disputes

Payment disputes are one of the most common issues in construction litigation. These disputes can arise from non-payment, underpayment, or disputes over the value of work completed. In Texas, mechanics' liens are a powerful tool that contractors and subcontractors can use to secure payment for their work. A mechanics' lien allows a contractor to claim a security interest in the property where the work was performed, providing leverage to recover unpaid amounts.

However, filing a mechanics' lien involves strict procedural requirements, and any mistakes can render the lien invalid. I assist my clients in properly filing and enforcing mechanics' liens, as well as defending against improper liens filed by others. Additionally, I provide guidance on negotiating payment disputes to avoid the need for litigation, which can be costly and time-consuming.

Preventing Future Disputes

While construction disputes are sometimes unavoidable, taking proactive steps can minimize the risk of conflicts arising in the first place. Clear and detailed contracts are the cornerstone of dispute prevention. It’s essential to clearly define the scope of work, payment terms, timelines, and procedures for handling changes or disputes.

Regular communication between all parties involved in the project is also crucial. Keeping detailed records of meetings, decisions, and changes can help prevent misunderstandings and provide evidence in the event of a dispute.

How I Assist Clients

I work closely with my clients to establish effective risk management strategies that protect their interests and reduce the likelihood of litigation. By fostering strong relationships and maintaining open lines of communication, many potential disputes can be resolved before they escalate.

Contact my firm, Thomas McMurray, P.C., today to learn how I can assist you with your construction law needs. Located in Dallas, Texas, I also serve clients in Fort Worth, McKinney, and Denton.