Construction transactions and litigation are unique to typical civil litigation and it is crucial you have a firm well versed in the issues companies and individuals experience in construction law. Our Firm handles both commercial and residential legal issues and has vast experience helping our clients avoid problems before they happen, and resolve them once they appear.
Lien Filing and Litigation
There is nothing worse than completing a job and not receiving payment for your hard work. Texas provides an avenue, both under the Constitution and under the Texas Property Code, to file liens against property to help secure payment for construction services. Constitutional and Mechanics’ Liens are a great tool to secure payment, but Texas has some of the most complicated and strict lien laws in the U.S., and failure to follow these timing and filing requirements exactly as written can lead to an invalid lien and even liability to the party you are asserting the lien against.
If you need to file a lien, you need a Firm that pays close attention to detail, is diligent in completing the lien process, and is prepared to fight any claims that the lien is invalid after filing.
Construction Defect Litigation
Defective construction can take many forms on a jobsite, but is almost always a huge problem for the builder and the owner. Between navigating the specific problems on site, to determining whether there is insurance coverage, to linking the specific defects to the negligence that created it, you need a firm that knows its way around a construction site. Additionally, having a firm with a reputation for success in the courtroom and a skill for advising clients in pre-litigation situations provides an advantage against the other side when facing these large scale problems.
The Pennington Firm represents many companies and individuals on both sides of these disputes and has the experience you need when confronting these potentially difficult and complex cases.
Drafting and Negotiating Master Services Agreements
The scope of work and foundation of any project starts with the Master Services Agreement (MSA). Almost all disputes that end up in a courtroom stem from a mistake, misunderstanding, or poorly thought out MSA. Many of the problems that arise between different parties to a construction agreement can be accounted for with a well thought out plan and MSA that accommodates anticipated issues or obstacles that commonly occur on a construction site.
Having a firm well versed in both dealing with disputes when they arise and crafting MSAs that help curb these potential problems allows you to approach your project with foresight instead of uncertainty. Contact us at the beginning of the process and we can provide guidance to help prevent problems before they arise.
Drafting and Negotiating Contractor and Subcontractor Agreements
Some of the biggest developers and contractors engage in agreements with subcontractors without drafting formal contracts outlining the terms of the parties’ arrangement. This works well until there is a disagreement about the understanding between the two parties’ relationship. One of the best things you can do to prevent petty problems between you and your contractors or subcontractors.
Our Firm has advised on and litigated many problems, both large and small, and through that experience have the expertise in trying to prevent these problems before they happen through well drafted contractor and subcontractor agreements.
Payment and Collection Claims
Chasing after accounts receivable is part of operating a successful construction business, but at some point, you need an experienced legal team to step in and take control. Our Firm can help you tackle this cash flow problem before it brings your company’s progress to a halt. We represent owners, builders, contractors, subcontractors, and suppliers in payment disputes.