Kerrville Construction Litigation Attorney Represents Builders and Their Clients
Resolving construction disputes in Texas quickly and cost-effectively
Construction is the key to keeping the Texas economy moving. However, construction projects are frequently halted because of disagreements that escalate to legal disputes. The Law Firm of Richard L. Ellison, P.C. in Kerrville represents contractors, subcontractors, suppliers, developers, architects, engineers, and property owners in a wide range of construction disputes. I draw on more than 40 years of construction litigation experience to resolve conflicts on favorable terms so your project can move forward according to plan.
Review of construction contracts
Many construction disputes arise because the contractual language is imprecise and does not properly reflect each party’s understanding of the agreement. My firm reviews agreements to identify ambiguities and advocate for my client’s interpretation of the agreement. These types of problems sometimes call for a complete reformation, in which the original contract is scrapped and the parties negotiate a new agreement. This usually means that all work has to stop. I help clients seek temporary injunctions In Texas if that type of relief is need. Typically, judges will not enforce vague contracts, so it’s important to have an experienced attorney review your agreement so you can be sure that the terms are enforceable.
Common construction disputes in Texas
Over decades of practice, I have handled numerous types of construction law disputes for clients, including conflicts related to the following:
- Bonds and sureties
- Breach of contract
- Change orders, cost overruns and extra work claims
- Construction defect claims and warranty issues
- Deceptive trade practices, fraud and misrepresentation
- Delay, acceleration, impact, and inefficiency claims
- Disputes over site conditions
- Insurance coverage
- Materials failures
- Nonpayment, collections, and liens
- Surveying errors and boundary disputes
Regardless of your particular construction law concern, my firm offers insightful counsel.
How to resolve construction disputes
When a construction or real estate dispute arises, the goal is usually to get the project back on track as quickly as possible while upholding our client’s rights under the contract. Though filing a breach of contract lawsuit is an option, litigation usually entails significant time and expense. Accordingly, my firm employs a variety of alternative methods to resolve conflicts, including:
- Negotiation — We discuss the key issues with representatives of the other parties to reach a solution through consensus.
- Mediation — A neutral third-party guides discussions toward a mutually beneficial compromise.
- Arbitration — Each side presents its case before an arbitrator who issues a ruling on the dispute. Arbitration can be binding, where the parties agree beforehand to abide by the outcome, or nonbinding, where they reserve the right reject the arbitrator’s decision and take the case to court.
If these methods do not resolve the conflict, we are prepared to litigate your case.
The Texas construction litigation process
Construction litigation usually begins when the plaintiff files a Complaint in court alleging a contract breach and requesting monetary damages, injunctive relief or both. The defendant must file a Response. After those initial pleadings, the case proceeds with:
- Discovery — Each side obtains information from the other, as well as third parties, through interrogatory answers, document production and witness depositions.
- Pretrial consultations — As trial approaches, the sides typically continue attempts to reach a settlement.
- Trial — Evidence is introduced in court and a verdict is rendered by a judge or jury.
- Appeal — If the judge has made a material mistake in the application of the law, a party can appeal the decision to a higher court.
Litigation can tie up a construction project for months or even years. However, when a trial is necessary to compel a fair outcome, you can rely on my experience, skill and determination as I fight for your rights.