Disputes & Recovery

Construction Law & Litigation

You built it. We help you get paid.

For more than 29 years Hank has represented Texas owners, contractors, subcontractors, and suppliers, from the contract on which a job is based through the liens, bond claims, and lawsuits that recover payment when an owner or a contractor refuses to pay. Crews and suppliers furnish their labor and materials first and bill for them later, so a single missed deadline can cost you everything you're owed.

Hank drafts and negotiates the agreements that govern a project, owner to general contractor and general contractor to subcontractor, with the change orders, scope, and payment terms that decide who absorbs a delay or a cost overrun. A pay-when-paid clause, an indemnity provision, or a missing retainage term can decide who carries tens of thousands of dollars in loss, so he writes them with the dispute in mind.

When an owner or a contractor withholds payment, Texas law provides strong remedies, but only when you meet the statutory deadlines that preserve your rights. Hank perfects the mechanic's and materialman's lien and serves pre-lien notices within the statutory window, when retained to do so. On public projects, where liens cannot attach to the property, he pursues the payment bond instead, and on both he enforces retainage, prompt payment penalties, and trust fund claims when a party diverts money owed to the people who built the project.

When a claim cannot be resolved, Hank handles it in the courthouse, having litigated and arbitrated numerous construction cases over nonpayment, defective work, delay, and breach of contract, for owners enforcing an agreement and for contractors collecting a balance. Every engagement works toward the same result, getting you paid for what you built, or making sure you pay only for what you received.

Services Include

  • Construction contracts and subcontracts
  • Change orders, scope, and payment terms
  • Mechanic and materialman liens
  • Constitutional lien claims
  • Payment and performance bond claims
  • Retainage and prompt payment claims
  • Construction trust fund claims
  • Construction litigation and arbitration

Construction Law & Litigation Insights

Texas Mechanic's and Materialman's Liens: Deadlines, Notice Requirements, and How to Perfect Your Lien

If you furnished labor or materials on a Texas construction project and didn't get paid, a mechanic's lien is the most powerful tool you have. It attaches to the property itself, not to the person who owes you, which means the owner can't sell or refinance without dealing with your claim first.

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Payment Bond Claims on Texas Public Projects: How to Collect When You Can't Lien the Property

You can't file a mechanic's lien against government-owned property. On a private project, an unpaid subcontractor or supplier perfects a lien under Texas Property Code Chapter 53, and the lien attaches to the property itself, forcing the owner to address the claim before selling or refinancing.

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Construction Contracts: What Every Contractor and Subcontractor Should Negotiate Before Starting Work

A construction contract allocates risk. Every provision in it determines who bears the cost when something goes wrong, who gets paid and when, who's responsible for delays, who carries insurance, and who indemnifies whom. Contractors and subcontractors who sign contracts without negotiating these provisions accept the drafter's allocation of risk, and in most cases the drafter is the owner or the general contractor, which means the risk flows downhill.

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Pay-When-Paid and Pay-If-Paid Clauses in Texas: What They Mean and Whether They're Enforceable

Most construction subcontracts contain a provision that ties the subcontractor's payment to the general contractor's receipt of payment from the owner. These clauses come in two forms that sound similar but produce very different legal consequences.

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Retainage in Texas Construction: When It Must Be Released and What Happens When It Isn't

Retainage is the portion of each progress payment that the paying party withholds as a performance guarantee during construction. On a $1 million contract with 10 percent retainage, the owner pays 90 cents of every dollar earned and holds back the remaining 10 cents until the project is complete.

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Texas Prompt Payment Act: Deadlines, Penalties, and Interest When an Owner or Contractor Pays Late

Texas has two prompt payment statutes for construction, and which one governs your project depends on who owns it. Private projects are governed by Texas Property Code Chapter 28. Public projects (state agencies, counties, cities, school districts, and other governmental entities) are governed by Texas Government Code Chapter 2251.

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Construction Trust Fund Claims Under Chapter 162: When Diverting Payment Becomes a Criminal Offense

A general contractor receives a $500,000 progress payment from the owner. Instead of paying the subcontractors and suppliers who performed the work, the contractor uses the money to cover payroll on another project, make a truck payment, or fund personal expenses.

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Construction Defect Claims in Texas: Liability, Standards, and the RCLA Notice Requirement

When construction work is defective, responsibility is only the first question. You also need to know what process to follow before you can pursue a claim, what damages you can recover, and how long you have to bring the action. Texas applies different rules to residential and commercial defect claims, and the distinction affects every stage of the dispute from pre-suit notice through trial.

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Constitutional Liens Versus Statutory Liens in Texas: Two Lien Rights and Why Both Exist

Texas is one of the only states where a mechanic's lien right is written into the state constitution. Article XVI, § 37 of the Texas Constitution provides that "mechanics, artisans, and material men, of every class, shall have a lien upon the buildings and articles made or repaired by them for the value of their labor done thereon, or material furnished therefor." It then instructs the legislature to provide for the enforcement of those liens, which the legislature did through Chapter 53 of the Texas Property Code.

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