Construction

Nixon Law PLLC handles the full spectrum of Texas construction law disputes — from defective workmanship and mechanic’s liens to contract enforcement. We represent property owners, contractors, and businesses throughout Texas.

Aggressive Representation for Texas Construction Disputes

Construction projects in Texas involve significant financial investments and complex contracts. When disputes arise, they can threaten the financial stability of your business or the success of your project. At Nixon Law PLLC, we provide aggressive, trial-ready representation for property owners, contractors, and businesses facing high-stakes construction conflicts. We conduct a comprehensive analysis of contract documents, project correspondence, and payment applications. We work closely with industry-leading construction experts to build an impenetrable evidentiary record and protect your bottom line.

Comprehensive Construction Law Practice Areas

Our firm handles a wide array of complex construction matters, ensuring that your contractual rights are vigorously enforced across the state of Texas. We are prepared to litigate aggressively to secure the outcome you deserve in the following key areas:

Construction Defects

Construction defects can manifest immediately or remain hidden for years, causing severe damage to residential and commercial properties. We handle claims involving structural flaws, foundation issues exacerbated by expansive Texas clay soils, water intrusion, and building code violations. Texas law requires strict adherence to the Residential Construction Liability Act (RCLA), which mandates specific pre-suit notice and inspection procedures. We manage the entire RCLA process, collaborating with forensic experts to identify the root cause of defects and demand full compensation for remediation.

Mechanic’s Liens

Securing payment for labor and materials is critical in the construction industry. We assist contractors and suppliers with the meticulous perfection of mechanic’s liens, ensuring all statutory notices are drafted accurately and filed within the strict deadlines mandated by the Texas Property Code. Conversely, we aggressively defend property owners against invalid, exaggerated, or fraudulent liens, employing strategies to clear the title, demand lien release, or facilitate bonding off the lien so the project can proceed.

Contract Disputes

Construction contracts dictate the allocation of risk, payment terms, and project schedules. We litigate complex contract disputes involving scope of work disagreements, change order pricing, and delay and disruption claims. Whether dealing with extended overhead costs due to delays or payment disputes involving the improper withholding of retainage funds, we fiercely advocate for our clients. We also advise on the profound legal and financial consequences of contract termination and aggressively pursue claims arising from project abandonment or wrongful termination.

When to Contact a Texas Construction Litigation Attorney

If you are currently involved in a construction contract dispute, facing a mechanic’s lien issue, or dealing with severe construction defects, time is of the absolute essence. Texas law imposes strict statutes of limitations, statutes of repose, and statutory pre-suit notice requirements that demand immediate and decisive legal action. Delays in seeking competent legal counsel can severely jeopardize your rights. Contact Nixon Law PLLC to schedule a consultation and let our aggressive trial attorneys develop a winning strategy to protect your business and enforce your contract.

Frequently Asked Questions

What is the Residential Construction Liability Act (RCLA) in Texas?

The RCLA is a Texas statute that governs disputes between homeowners and builders over construction defects. It requires homeowners to provide builders with a formal, written notice of the defects at least 60 days before filing a lawsuit. The builder then has 35 days to inspect the property and 45 days to make a written settlement offer.

How long do I have to file a construction defect claim in Texas?

Texas law imposes strict statutes of limitations and statutes of repose on construction defect claims. Waiting too long to take action could permanently bar your right to recovery. It is crucial to consult with an attorney promptly to ensure your claims are filed within the required legal deadlines.

What can I do if a contractor files an invalid lien on my property?

If a contractor files a procedurally defective, exaggerated, or fraudulent lien, we can take aggressive action to clear your title. This may involve demanding the release of the lien, filing a summary motion to remove it under the Texas Property Code, or pursuing a fraudulent lien claim for statutory damages and attorney’s fees.

How can I resolve a payment dispute involving withheld retainage?

Disputes over the release of retainage and the perfection of liens against retainage funds require precise legal maneuvering. If you are facing unjustified withholding or back-charges, contact Nixon Law PLLC at 713-482-1523 for a free consultation. We aggressively pursue full payment for our clients and enforce your contractual rights.