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500 Main St, Suite J, Kerrville, TX 78028

Texas Residential Construction Disputes Attorney

Kerrville law firm helps resolve conflicts between contractors and homeowners

At the Law Firm of Richard L. Ellison, P.C. in Kerrville, I am a Texas residential construction disputes attorney who is committed to helping homeowners, contractors, developers and other parties assert their rights when a project does not go as planned. Whether your conflict stems from allegedly poor workmanship, a failure to pay as promised or some other cause, my firm is ready to advocate on your behalf in whatever forum best suits your situation and needs.

Common residential construction disputes

A project to build, repair or remodel a home is complicated. Numerous problems can arise that lead to disputes, and possibly even litigation. Common causes of disagreements include the following:

  • Design defects
  • Defective workmanship
  • Unreasonable delays
  • Cost overruns
  • Project interruption or abandonment
  • Scope of work
  • Failure to submit change orders
  • General contractor’s refusal to pay subcontractors
  • Mechanic’s liens and their removal
  • Change orders
  • Express and implied warranties

With decades of experience handling construction litigation cases, I can promptly assess the merits of each side’s legal argument. From there, my firm works diligently in pursuit of a favorable, cost-effective resolution.

Top causes of residential construction disputes

Poor communication between parties and unexpected obstacles often knock a residential construction job off course. Problems with faulty or missing materials might also lead to problems. In large-scale developments, a general contractor might not be capable of keeping subcontractors on track. Private homeowners sometimes are not used to the complications associated with construction, which could lead to delayed plans or lack of payment. Whatever your particular concern entails, you can count on me to pursue the outcome you seek.

Role of contracts and agreements in construction projects

Uncertain contractual terms often lead to residential construction disputes, so it is best to have an experienced attorney draft or review your contract. However, even carefully drawn up documents cannot guarantee a smooth project. When a conflict arises, I review the agreement in question to assess each side’s rights and responsibilities as they relate to scheduling, materials, pricing and the process for adjusting terms. In some cases, a liquidated damages clause or other contractual language will set forth clear directions about how a problem should be resolved. If no such guidance exists, I draw on my background in this area to identify a solution that safeguards my clients’ interests and allows the project to move forward, if possible.

Claims and defenses for Texas residential construction disputes

When a disagreement over home construction project goes to court, it is typically a breach of contract action, with one or both parties claiming that the other violated their duties under the agreement. In these cases, I can analyze the pertinent language and advise how to prove a breach or defend against a complaint if you provided the required performance. My firm also handles negligence cases if there is an allegation that improper workmanship or defective products led to an injury or financial harm.

Dispute resolution methods

Many residential construction disputes can be settled through skillful negotiation, and my firm always looks for the most cost-efficient way to achieve a client’s goals. For more contentious issues, a mediator might help parties reach consensus. Sometimes, a contract will mandate that disagreements that cannot be resolved by the parties must go before an arbitrator. Should the case go to court, I will seek the most appropriate remedy, which might include monetary restitution, rescission of the contract or an order for specific performance that requires a party to fulfill the terms of the deal. My firm also handles real estate injunctions if the circumstances call for emergent relief. When necessary, I can advise on the application of a contractor liability or homeowner’s insurance policy in a given dispute.

Contact an accomplished Texas attorney for advice on a residential construction dispute

The Law Firm of Richard L. Ellison, P.C. in Kerrville represents Texas homeowners, developers and contractors in disputes relating to residential construction projects. To schedule an appointment, call me at 830-955-8168 or contact me online.