The construction industry has used arbitration as the primary method for resolving disputes for many years. Builders routinely include a well-worn arbitration provision in their contracts. When disputes occur, however, builders are often surprised at certain limitations of the arbitration process. Therefore, it is worth giving that old arbitration clause a second thought and seeing […]

A new construction project springs financial hope for all parties involved. Unfortunately, if the owner fails to pay the general contractor as expected, that hope is quickly replaced by financial anxiety. In these situations, the general contractor is faced with the dilemma of “financing” the project by paying out-of-pocket, or incurring project-damaging problems with labor […]

Once an owner discovers there is a defect or property damage to its project caused by the general contractor or one of its subcontractors, the owner will want to know what damages it may recover. While a full discussion of damages in a construction dispute is too in-depth, the following will show the general category […]

Notices, such as notices of delays, changed conditions, objections to payment applications, and claims, can be required for many aspects of a construction project. However, provisions in construction contracts sometimes require notices to be issued in a relatively short time frame. From this arises the question: does a claim die or not die if a […]

If a construction dispute arises, where will the lawsuit or arbitration take place? The answer to that question is not always clear–even if stated in the contract. There is a construction forum statute in Texas that allows contractors, engineers, and architects who are working on Texas construction projects to insist any disputes related to that […]