Construction Law Attorneys in Texas

Construction disputes in Texas usually come down to money, defects, or delay. A missed payment moves down the chain from owner to general contractor to subcontractors and suppliers. Defective work can surface long after completion. A late project affects financing and lease commitments. The legal rules that decide who gets paid and who bears the loss are technical, and many rights are lost through missed notices rather than on the merits.

Texas mechanic’s and materialman’s lien law has strict notice and filing deadlines. Homestead liens require a written contract signed before work starts. The Residential Construction Liability Act requires notice before a homeowner sues a contractor over a defect. On public projects, mechanic’s liens are generally unavailable, and subcontractors and suppliers look instead to the contractor’s payment bond, which most public work contracts over $25,000, or over $50,000 for a municipality, must carry (Government Code § 2253.021). Disputes that go to court are also covered in the guides to commercial litigation attorneys in Texas and commercial real estate attorneys in Texas.

What Construction Law Attorneys Handle

Mechanic’s Liens and Payment Recovery

On private projects, liens secure payment for labor and materials against the improved property. Subcontractors and suppliers must send notices of their unpaid claims to the owner and original contractor by statutory deadlines, measured month by month, for the lien to be valid (Property Code § 53.056). Except for claims for retainage, which have their own deadlines, the lien affidavit must then be filed with the county clerk by the 15th day of the fourth month (commercial) or third month (residential) after the month the original contractor’s work was completed, terminated, or abandoned, or, for other claimants, after the month they last furnished labor or materials (§ 53.052). Suit to foreclose the lien generally must be filed by the first anniversary of the last day the affidavit could have been filed, unless extended by a recorded written agreement with the owner (§ 53.158). Attorneys prepare notices and affidavits, enforce valid liens, and remove invalid liens that cloud title.

Payment Bond Claims on Public Projects

On public work, claimants follow the payment bond procedures in Chapter 2253 of the Government Code, which have their own notice deadlines. Attorneys track and send those notices and pursue claims against the surety.

Construction Defect Litigation

Defective work, design errors, and material failures create claims against builders, contractors, architects, and engineers. For residential construction, the Residential Construction Liability Act requires the homeowner to send written notice by certified mail describing the defects in reasonable detail at least 60 days before filing suit, and gives the contractor a chance to inspect and offer a repair or settlement (Property Code § 27.004). Commercial defect claims follow the contract and general law. Attorneys handle inspections, experts, mediation, arbitration, and trial.

Contract Drafting and Disputes

Construction contracts allocate risk through indemnity provisions, consequential damages waivers, liquidated damages, payment terms, and dispute resolution clauses. For contracts entered into or renewed on or after September 1, 2025, a provision in a construction contract making disputes subject to another state’s law, courts, or arbitration is void as against public policy (Business and Commerce Code § 272.001, as amended by House Bill 2960). Attorneys draft and negotiate contracts and resolve delay, change order, and scope disputes.

How to Choose a Construction Law Attorney

Board certification. The Texas Board of Legal Specialization certifies attorneys in Construction Law. Relatively few Texas attorneys hold this certification.

Client base. Ask whether the attorney usually represents owners, general contractors, subcontractors, suppliers, or design professionals, and on what kinds of projects.

Lien and bond procedure. Many payment claims are won or lost on deadlines. Ask how the firm tracks notice and filing dates for clients.

Litigation and transactional balance. Some matters need a trial lawyer; others need a contract drafter or negotiator. Match the attorney to the need.

Texas Construction Law Attorneys

Lovein Ribman, P.C.

Location: Dallas-Fort Worth, Houston, Austin (statewide practice)

Website: https://loveinribman.com

Phone: (888) 368-2483

Robert Lovein and Elana Ribman co-authored Texas Construction Law and Practice, the leading legal treatise on the subject published by LexisNexis. Two firm attorneys hold Board Certification in Construction Law from the Texas Board of Legal Specialization. The firm represents homeowners, contractors, subcontractors, and suppliers in residential and commercial disputes throughout Texas, handling hundreds of mechanic’s lien filings monthly.

Practice Focus: Mechanic’s lien preparation, filing, and foreclosure; residential and commercial construction defect litigation; contract drafting and disputes; payment bond claims; invalid lien removal

Gauntt Koen Binney & Kidd, LLP

Location: Dallas and Houston, Texas

Website: https://www.gkbklaw.com

Phone: (972) 630-4620

For more than 25 years, this firm has handled resolution of residential and commercial construction disputes. Their attorneys handle construction defect claims, payment disputes through the contractor tier system, and mechanic’s lien matters for property owners and contractors alike. The firm emphasizes risk management services including contract review and operational procedure assessment to prevent disputes before they arise.

Practice Focus: Construction defect claims, payment disputes and collections, mechanic’s lien filing and defense, contract negotiation, risk management consultation

Andrews Myers, P.C.

Location: Houston, Texas (statewide practice)

Website: https://www.andrewsmyers.com

Phone: (713) 850-4200

Ben Westcott, Board Certified in Construction Law by the Texas Board of Legal Specialization, leads the firm’s construction practice as Co-Managing Shareholder. The firm represents general contractors, subcontractors, suppliers, and owners on substantial projects including schools, sports facilities, airports, petrochemical plants, and highway projects. Experience spans payment disputes, scheduling claims, design defects, mechanic’s liens, and performance bond matters.

Practice Focus: Commercial construction disputes, delay and scheduling claims, mechanic’s lien litigation, performance and payment bonds, public works projects, contract drafting and negotiation

Costs and Fees

Lien notices and affidavits are often handled for flat fees per filing. Contract drafting and review is billed hourly or by flat fee depending on complexity. Construction litigation and arbitration are usually billed hourly and can involve significant expert costs. Some firms take homeowner defect cases or contractor collection cases on contingency or hybrid terms. Ask for a written fee agreement and an estimate of expert costs.

Frequently Asked Questions

How long do I have to file a mechanic’s lien in Texas?

Apart from retainage claims, which follow separate deadlines, an original contractor must file the lien affidavit by the 15th day of the third month (residential projects) or fourth month (other projects) after the month its work was completed, terminated, or abandoned. Subcontractors and suppliers use the same month count from the month they last provided labor or materials, and they must also send notices of each unpaid month’s claim, which come due earlier (Property Code §§ 53.052, 53.056). A suit to foreclose the lien generally must be filed within one year after the last day the affidavit could have been filed (§ 53.158).

What is the RCLA and how does it affect my construction defect claim?

The Residential Construction Liability Act requires a homeowner to give the contractor written notice by certified mail at least 60 days before filing suit, describing the defects in reasonable detail and providing evidence such as expert reports and photographs. The contractor can request to inspect within 35 days after receiving the notice and can make a written settlement offer. Not following the RCLA can affect the damages and fees the homeowner recovers.

Can I file a mechanic’s lien on a homestead property?

Yes, but only if strict requirements are met. The owner and the contractor must sign a written contract before any material is furnished or labor is performed, both spouses must sign if the owner is married, and the contract must be filed with the county clerk (Property Code § 53.254). The lien affidavit must carry a specific notice at the top, and notices to the owner must include statutory language. Work to repair or renovate an existing homestead is also subject to additional requirements in the Texas Constitution. A lien that does not meet these rules is invalid and can expose the claimant to liability.

Can a subcontractor file a lien on a public project?

Generally, no. Mechanic’s liens generally cannot be placed on public property; instead, subcontractors and suppliers claim against the prime contractor’s payment bond, which is required on most public work contracts over $25,000, or $50,000 for municipalities, and the claim requires timely statutory notice.

Sources

• Texas Property Code: § 27.004, RCLA notice and inspection; § 53.052, filing of lien affidavit; § 53.056, notice by derivative claimants; § 53.158, suit to foreclose; § 53.254, homestead lien requirements
• Texas Government Code: § 2253.021, performance and payment bonds
• House Bill 2960 (2025), amending Business and Commerce Code § 272.001: enrolled text

Disclaimer: This directory is provided for informational purposes only and does not constitute legal advice, endorsement, or recommendation of any attorney or law firm. Information about attorneys and law firms was compiled from publicly available sources and may not be current or accurate. We make no representations or warranties about the qualifications, experience, or quality of any attorney listed. Always verify attorney credentials with the State Bar of Texas, confirm current contact information, and conduct your own due diligence before hiring legal counsel. No attorney-client relationship is created by use of this directory.