Construction Law

Construction law is a unique discipline that requires knowledge an understanding of the interplay between the law and the construction industry. There are many legal overlaps present in typical construction matters: contract law, real estate law, and insurance law. It is inevitable that at some point owners, design professionals, general contractors, subcontractors, or suppliers will have an issue arise that will require legal assistance. When that day comes, let the Law Office of Ryan C. Solis, PLLC be there to protect your rights and ensure a streamlined approach to resolution.

Delay Penalties:

Most construction projects have deadlines. From an owner’s perspective, he or she wants to ensure that the project is delivered on a timely basis so that profits or rental income can be realized as soon as possible. Owners also want to limit the amount of interest paid on interim loans. A contractor wants to limit the amount of time spent on a project to keep his or her overhead costs to a minimum. The reality for a contractor is that any unnecessary days spent on a job site increase expenses and thus reduces profit.
Construction contracts typically contain a provision for delay penalties. This will allow the owner to collect from the contractor an agreed-upon amount for every day that the project is delayed through no fault of the owner. Contractors often argue, however, that delays are borne by the owner in the form of change orders or modifications made during the course of construction.
Irrespective of who is responsible for delays in construction, the reality is that a delayed project will result in increased costs or loss of revenue for the parties. When you or your company is faced with a delay penalty claim contact the Law Office of Ryan C. Solis to schedule a consultation regarding how best to handle your claim.

Construction Defects:

Claims involving construction defects are very technical. Determining the cause of the defect and who is at fault is the primary function of a good construction lawyer and a team of experts. Contractors facing a construction defect claim will often have significant exposure that can be greater than the entire cost of the project. Owners who receive a defective structure can be saddled with damages such as lost profits, loss of use, and unanticipated interest payments. Litigating construction defect cases can be costly. It is crucial to identify early the goals of litigation. A well-formulated plan can save time, money, and ensure the quickest path to resolution. Some of the areas regarding construction defects that we handle are:

• Roofing problems
• Foundation issues
• Faulty work
• HVAC issues
• Structural integrity issues

Whether you are the owner with a claim of a defectively constructed structure, or a contractor against whom such a claim is made, you need an attorney with knowledge and experience in handling construction defects. Contact the Law Office of Ryan C. Solis to schedule a consultation to discuss your construction defect claim.

Contract Drafting and Negotiation:

A construction project is a highly-complex endeavor involving the coordination of many different trades. It is for this reason that each party involved in construction needs a well-drafted contract that clearly sets out the obligations and responsibilities of the parties. There are various types of construction contracts that are commonly used in the industry including the American Institute of Architects (AIA), ConsensusDOCS, Associated General Contractors of America (AGC), and the Engineers’ Joint Contract Documents Committee (EJCDC). If you are an owner of a project, a general contractor, or a subcontractor, in need of a contract that provides the protection you desire, call the Law Office of Ryan C. Solis to schedule a consultation to discuss the contract that is best for you.

• Construction Disputes:

The one thing that you can count on in the construction industry is that on every project there will be at some point a dispute amongst owners, architects, engineers, general contractors, subcontractor, or suppliers. These disputes can range from a minor misunderstanding that is easily resolved to a dispute that jeopardizes the entire project. All parties involved in construction disputes want to resolve the issue as quickly and cost-effectively as possible. This can be achieved with a thorough plan that indentifies the goal and details the method by which such goal will be attained. This approach ensures that resources are not wasted pursuing matters that do not advance the ball. If you are facing a construction dispute matter contact the Law Office of Ryan C. Solis and schedule a consultation to discuss ways resolve the issue and get the project back on schedule. The following are examples of the types construction disputes that we handle:

• Cost Overruns
• Project Delays
• Change Orders
• Differing Site Conditions

Call the Law Office of Ryan C. Solis to schedule a consultation to discuss your construction dispute.

Payment and Performance Bonds:

Navigating the labyrinth of Texas’ bond statutes can be a daunting task. Whether you are seeking to enforce your rights or require defense against an invalid claim, let the Law Office of Ryan C. Solis, PLLC assist you in this endeavor. We can respond to defaults, analyze claims, negotiate with owners, contractors, subcontractors and sureties, draft documentation, pursue indemnity and protect our clients’ rights and remedies in both state and federal court. Call the Law Office of Ryan C. Solis today to schedule a consultation to discuss your claim regarding payment and performance bonds.

Subcontractors:

Perhaps the most under appreciated of all construction “players” are subcontractors. Subs perform the great majority of work on differing projects. Today’s General Contractor (GC) has evolved into a broker of sorts – securing the contract from the owner and finding subcontractors to complete the work. It goes without saying that the GC is in a superior bargaining position when it comes time to contracting with Subs. There is a simple reason for this: GCs have the work and Subs want it. This disparate bargaining power, coupled with the economy, has forced Subs to regularly accept the terms of a bad contract. Many of these contracts will shift significant risk to the subcontractors requiring that they accept responsibility for aspects of construction that are outside of their control.

Subcontractor Agreements
Fortunately, there are various ways to protect the rights and interests of subcontractors. First off, having an attorney review and negotiate a subcontract agreement can limit exposure and risk. A GC will sometimes relent and allow for reasonable modifications to a subcontract agreement if properly presented by counsel for the subcontractor. The goal is to limit the scope of indemnification and ensure that the Sub is accepting responsibility for its work and not the work of all other trades.

Prompt Payment
Fortunately, the Legislature has not forgotten the often under appreciated subcontractors. Chapter 28 of the Texas Property Code deals with a GC’s payment to subcontractors. This statute requires a GC who receives payment from an owner to pay to a Sub within seven days “the portion of the owner’s payment, including interest, if any, that is attributable to work properly performed…under the contract by that subcontractor.” This statute also allows for interest on unpaid amounts at 1.5% each month beginning on the date the payment becomes due. A court may award attorney’s fees and cost to subcontractor who brings an action under this statute.