Houston, TX Construction Attorney

What are the Common Construction Issues in Texas?

The construction industry is marked by its rapid growth, diverse projects, and unique challenges that require careful attention and proactive strategies. From regulatory hurdles to environmental considerations, staying ahead of these common construction issues is essential for successful project completion and maintaining a competitive edge. Our Houston construction lawyer can explain some of the usual construction issues and offer legal advice to manage these effectively.

Construction Defect Claims

All parties in a construction project have a vested interest in a finished project free of defects. Ensuring the quality of construction projects is vital to prevent defects leading to disputes and unnecessary expenses. 

Most commercial and residential building contracts have complex provisions that can result in disputes over defective workmanship or materials. If there are issues with defective construction, a customer can sue for damages, including the cost of the repair, relocation costs, and attorney’s fees. 

Negligent construction can also lead to a personal injury or property damage lawsuit if a person allows the usage of defective materials and craftsmanship. These lawsuits often involve:

• Improper pipe installation
• Roofing problems
• Foundation problems
• Leakage
• Failure to meet building code
• Use of unapproved materials

Breach of Contract Claims

In the construction industry, contracts serve as the foundation for each project. These legally binding agreements outline expectations, responsibilities, timelines, and payment terms for involved parties. Unfortunately, the construction industry is not immune to breaches of contract, which can lead to disruptions, disputes, and financial losses.

All construction projects depend on the seamless execution of equipment, material, and other supply contracts. A minor delay in delivery, breach of contract by a builder, or failure to pay can quickly escalate into a heated legal dispute, with each side asserting that it is in the right. Our Houston construction attorney can assess the situation, advise on the best action steps, and represent your interests in negotiations or litigation.

Liquidated Damages

Liquidated damages are a contractual provision designed to address the potential financial losses that may arise from project delays. These damages aim to estimate the actual financial losses the non-breaching party would suffer due to the delay.

OSHA Claims

The Occupational Safety and Health Administration (OSHA) is crucial to ensure workplace safety and enforce regulations that protect workers from harm. It conducts inspections, investigates complaints, and issues citations for violations to protect workers’ health and safety. However, accidents can still occur even with the best precautions, leading to potential OSHA claims. 

OSHA claims in construction law arise when a workplace accident results in injuries or fatalities and attributed to safety violations. These claims can lead to investigations, citations, and potential legal actions. OSHA claims can have far-reaching consequences, impacting workers’ well-being, company reputation, and financial stability.

Enforcing or Challenging Mechanic’s Liens

Mechanic liens are critical in the construction industry, enabling contractors, subcontractors, and suppliers to secure payment for their work and materials. However, the enforcement or challenge of mechanic’s liens can introduce complexities that require careful consideration.

Enforcing or challenging a mechanic’s liens is a multifaceted process that demands adherence to legal requirements and a deep understanding of construction law. Whether you are a contractor seeking payment or a property owner disputing a lien claim, working with our Houston, TX, construction lawyer is essential to navigate these complexities, protect your rights, and seek a favorable resolution that upholds the principles of fairness and legality in the construction industry.

Construction Contracts for Educational Institutions

Under Texas Government Code Chapter 2269, school districts must follow specific procedures for construction services. Unlike general procurement, construction contracts require districts to evaluate available contracting methods and select the one that provides the best value for the project.

Inter-District Service Agreements

School districts frequently enter shared services agreements to provide specialized programs cost-effectively. Common arrangements include:

Special Education Cooperatives – Multiple districts pool resources to provide specialized services for students with disabilities.

Career and Technical Education Centers – Regional facilities serving students from multiple districts for vocational training.

Transportation Partnerships – Shared bus routes and maintenance facilities between neighboring districts.

Professional Development Consortiums – Joint teacher training programs and educational conferences.

These agreements must clearly define each party’s responsibilities, funding obligations, and student enrollment procedures to avoid disputes.

Higher Education Partnerships

Community colleges and universities often contract with K-12 districts for dual credit programs, facility sharing, and research partnerships. Key considerations include:

Instructor Qualifications – Credentialing requirements for teachers in dual programs.

Student Eligibility Requirements – Academic standards for program participation

Credit Transfer Policies – How courses apply toward high school and college graduation

Facility Usage Terms – Scheduling, maintenance, and liability for shared spaces

Charter School Agreements

Traditional districts may contract with charter schools for facility leases, transportation services, or specialized programs. These agreements require careful attention to:

Termination Procedures – Wind-down processes if agreements end

Funding Flow-Through – How state and local funding transfers between institutions

Academic Accountability – Performance standards and monitoring procedures

Asset Ownership – Rights to equipment, materials, and facility improvements

Risk Management and Contract Terms

Insurance and Bonding Requirements

Construction contracts for educational facilities typically require:

Performance Bonds – Guarantee that contractors will complete work according to specifications

Payment Bonds – Protection for subcontractors and material suppliers

General Liability Insurance – Coverage for property damage and personal injury claims

Professional Liability – Protection against design errors and omissions

Workers’ Compensation – Required coverage for all construction workers on site

Warranty and Maintenance Provisions

Educational facility contracts should include:

Workmanship Warranties – Typically one year for general construction work

Equipment Warranties – Extended coverage for HVAC, technology, and specialized systems

Preventive Maintenance Training – Instruction for district maintenance staff

Spare Parts Inventory – Critical components for ongoing system operation

Common Contract Disputes and Resolution

Construction-Related Issues

Schedule Delays – Weather, permit delays, or unforeseen site conditions affecting completion dates

Quality Defects – Workmanship issues requiring correction or replacement

Cost Overruns – Change orders or disputed work pushing projects over budget

Safety Violations – Accidents or regulatory compliance failures on construction sites

Inter-Institutional Disputes

Funding Disagreements – Disputes over cost allocation between partnering districts

Student Enrollment Issues – Capacity limits or eligibility conflicts in shared programs

Performance Standards – Disagreements about service quality or academic outcomes

Termination Procedures – Disputes over contract ending and asset disposition

Resolution Strategies

Successful dispute resolution requires:

Documentation – Detailed records of all project communications and decisions

Early Intervention – Addressing problems promptly before they escalate

Alternative Dispute Resolution – Mediation or arbitration to avoid costly litigation

Professional Consultation – Engineering experts, educational consultants, or legal counsel as needed