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When an owner pays a contractor, that money is supposed to flow down the chain to the subcontractors and suppliers who contributed to the project. The Texas Construction Trust Fund Act (see Chapter 162 of the Texas Property Code) exists to make sure it does. Texas law treats certain construction payments as trust funds and…

In construction projects, it used to be common practice for contractors to push nearly all of the risk to the parties below them, so that subcontractors were responsible for even the upper-tier party’s mistakes. The Texas Construction Anti-Indemnity Act changed that. Found in Chapter 151 of the Texas Insurance Code, the law voids broad risk-shifting…

In Texas, construction defect disputes are ultimately contract disputes. The contract governing a project shapes the parties’ rights, obligations, and available remedies when defective work becomes an issue. Understanding a handful of key clauses is often the difference between a well-positioned claim and one that is undermined from the start. Notice and Opportunity to Cure Provisions Many construction contracts require the owner to provide written notice…

Payment disputes are common in Texas construction projects. When property owners, contractors, or subcontractors fail to pay for labor or materials, Texas law provides several tools that can help construction professionals secure payment. Constitutional liens and statutory mechanic’s liens are two common tools used in construction claims. What Is a Constitutional Lien?Texas is unique because…

Many people assume that an appeal provides an opportunity to relitigate an entire case. It doesn’t. In Texas, you can generally appeal only a final judgment, with a Notice of Appeal filed within 30 days (90 with proper post-judgment motion).Appeals focus specifically on whether legal errors occurred during lower court proceedings, not whether the appellate judges…

Construction defects can affect virtually every part of a residential or commercial building. The most serious defects can affect household or business operations for many months (or years), with repair costs reaching hundreds of thousands — or even millions — of dollars.In Texas, certain defects are particularly costly because of the state’s expansive clay soils,…

Mold growth is one of the most common and costly consequences of construction defects. In Texas, this problem is especially pronounced, as humidity and severe weather regularly create moisture-related challenges. When mold develops because of defective construction, property owners may face expensive repairs, health concerns, and substantial disruptions to daily life.Construction professionals are expected to…

Construction disputes often involve more than the direct cost of repairing defective work. A construction defect or delay can create a chain reaction of financial losses that extends far into the future. These additional losses are commonly known as consequential damages. In Texas construction litigation, consequential damages can significantly increase the value and complexity of a…

Legal disputes don’t automatically end when a trial court enters a judgment. In some cases, a party may believe the court made a legal error that affected the outcome of the case. In response, the losing party may have the right to challenge the decision through the appeals process.Appeals are a common part of complex…

Losing a case in court does not always mean the legal process is over. In some situations, a party may have the right to challenge the decision through the Texas appellate court system. Appeals allow higher courts to review whether the trial court applied the law correctly when issuing its judgment.Appealable Issues in Civil LawsuitsNot…