Across Texas, construction is a major industry. Construction of residential and commercial buildings, as well as in infrastructure and the oil and gas sectors continues to drive growth in this field. When problems arise before, during, or after construction, it may lead to legal disputes.

Construction lawsuits can be costly, particularly when a dispute leads to a work stoppage on a job site. In these situations, a skilled El Paso construction lawyer can advocate for you, ensuring that the project moves forward as planned — and that you get paid for your work.

Texas construction law can be complex, spanning a range of areas. No matter what your issue may be, working with an experienced attorney can help you achieve a favorable resolution in the most efficient, cost-effective way possible. Our firm has represented contractors, subcontractors, businesses, and other entities in a variety of construction disputes.

Mechanic’s Liens

A mechanic’s lien is a legal tool that is often used by contractors who are not paid for their work. It is a legal claim against a property that is often used by contractors, subcontractors, or suppliers on a construction project who have not been paid for the work that they have done or the materials that they have provided. A mechanic’s lien is filed against the owner of the property; it effectively places a hold on the property, preventing the owner from refinancing or selling it.

Filing a mechanic’s lien is an involved process. The lien must be drafted using the proper language. Notice of the lien can be filed no sooner than two months after the work has been completed. 

If the first notice does not receive an appropriate response, a second notice can be filed no sooner than three months after completion of the work. Once these two notices have been filed, and no response has been received, then an Affidavit of Lien can be drafted, signed, notarized, and served upon the property owner.

Any failure to follow these steps and the rules surrounding the mechanic’s liens may render the lien invalid. An attorney can draft the lien and file the appropriate notices to ensure that your lien is valid — and that you get paid for your work.

Construction Defects

Problems with both design and construction may arise during residential or commercial building projects. Construction contracts often include complex provisions that may lead to disputes over items such as defective materials or workmanship. 

Construction defect claims may arise due to a number of issues, including:

• Use of unapproved materials
• Roof or window leaks
• Water damage
• Failure to meet building codes
• Poor workmanship
• Use of unlicensed subcontractors or undocumented workers
• Improper site preparation
• Insulation
• Environmental violations
• Fireproofing
• Faulty electrical wiring

No matter what stage the construction project may be in if a dispute arises over these or other matters, the best course of action is to resolve it as soon as possible. Doing so allows construction to continue and for your business to be paid for your work. Taking care of problems soon rather than later can also reduce the costs associated with correcting an alleged defect. 

How We Can Help

Any type of construction dispute can be costly for all parties involved. A quick resolution can help the project get back on track, and ensure that everyone working on the project is paid appropriately. A skilled El Paso construction lawyer can advise you of your rights and options to resolve any dispute that may arise.

Founded in 1989, Forbes & Forbes represents construction businesses throughout the greater El Paso metro area. We offer highly skilled representation that is tailored to your company’s needs, including using mediation and arbitration to settle the matter in a cost-effective way. To schedule a consultation, contact us at 877-585-3827 or email us at any time.