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 determine who absorbs a delay or a cost overrun. A pay-when-paid clause, an indemnity provision, or a missing retainage term can impose 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 for Private Construction Payment Disputes
Payment disputes on Texas private construction projects turn on a calendar built from the governing contracts and the work records. A claimant can have a valid invoice and lose the lien remedy by missing a notice, filing, delivery, or foreclosure deadline.
Read articlePayment Bond Claims on Texas Public Projects
A payment bond is the payment remedy on a Texas public construction project because a mechanic's lien doesn't attach to public property. Chapter 2253 protects covered claimants only when the notices, sworn statement, mailing proof, and suit deadline line up with the statute.
Read articleTexas Construction Contracts Before Work Begins
A construction contract sets the price, defines the work, and assigns the financial consequences of delay, design changes, defective work, injury claims, and early termination. Those terms often appear across the agreement, general conditions, supplementary conditions, drawings, specifications, addenda, exhibits, and documents incorporated by reference.
Read articlePay-When-Paid and Pay-If-Paid Clauses in Texas Construction Contracts
Owner nonpayment can mean payment timing or a full transfer of risk. Texas courts and Chapter 56 treat those clauses differently.
Read articleTexas Construction Retainage Release Rules
Retainage turns the last piece of the job into payment pressure. Texas law separates private reserved funds, contractual retainage, public project caps, and release deadlines.
Read articleTexas Construction Prompt Payment Deadlines and Remedies
Texas uses different prompt payment statutes for private and public construction. [Texas Property Code Chapter 28](https://statutes.capitol.texas.gov/Docs/PR/htm/PR.28.htm) governs payment for improvements to privately owned real property. [Texas Government Code Chapter 2251](https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2251.htm) governs qualifying payments by state agencies, local governments, and other governmental entities.
Read articleConstruction Trust Fund Claims Under Texas Property Code Chapter 162
Texas construction trust funds belong to the people whose labor and materials generated the payment, and control of those funds can create personal civil liability and criminal exposure.
Read articleTexas Construction Defect Claims Under the RCLA
A construction defect claim starts with the building, but it rarely ends there. A cracked slab, a leaking window system, or a failed balcony detail quickly becomes a calendar problem.
Read articleTexas Constitutional and Statutory Construction Liens
Texas provides two distinct mechanic's liens on private projects. The constitutional and statutory liens can secure the same unpaid work, but they differ in claimants, procedures, property coverage, and priority consequences.
Read articleRelated Work
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