Texas Construction Contract Disputes: Why Handshakes Fail in 2026

February Is the Time to Slow Down and Look Closely 

February feels quiet on many job sites across Texas. 

Crews prepare for spring. Bids go out. Contracts move back and forth for signatures. Schedules fill up. 

This is the window when decisions are made that will shape the rest of the year. 

Most construction contract disputes in Texas do not begin during a loud argument in July. They begin in February. They begin when a contract is signed without careful review. They begin when scope feels clear but is not written clearly. They begin when people trust memory instead of paper. 

By the time summer arrives, the problem has already been built into the project. 

As a Fort Worth construction attorney, Joe Tolbert often sees disputes that trace back to this early stage. The issue is rarely a surprise. It is usually a gap that no one noticed when things were calm. 

February is your chance to notice. 

 

Why Spring Projects Lead to Disputes 

Once the weather improves, projects move fast. 

Trades overlap. Owners push for speed. Materials arrive late. Changes happen. 

Pressure exposes weak contracts. 

Here are common causes of construction contract disputes in Texas: 

• Scope that is too general

• Change orders not approved in writing

• Delays without proper notice  

• Confusion over payment terms

• Dispute clauses no one reviewed 
   

Each of these issues can be fixed before the project starts. Once work begins, fixing them becomes harder. 

 

The Limits of a Handshake 

Texas values relationships. A handshake still means something. 

But in a dispute, a handshake does not control the outcome. The contract does. 

Courts look at what is written. Arbitrators look at what is written. Insurance carriers look at what is written. 

If your contract leaves room for arguments, arguments will follow. 

That is how construction contract disputes in Texas grow from small disagreements into formal claims. 

 

What to Review in February 

Before spring work begins, review these five areas in your contracts. 

1. Scope of Work

Read your scope section closely. 

Ask: 

• Does it list what is included? 
• Does it list what is excluded? 
• Does it define who handles coordination? 
• Does it address plan changes? 
   

If the scope feels broad, it may create conflict later. 

Clear scope language protects both sides. It reduces finger pointing. It reduces surprise costs. 

A Fort Worth construction attorney often begins dispute analysis by reading the scope. That tells the story of the project. 

 

2. Change Order Process

Change happens on almost every project. 

The problem is not the change. The problem is the process. 

Your contract should require: 

• Written approval before extra work begins

• Clear pricing

• Written agreement on schedule impact 
   

If extra work is done without written approval, payment becomes uncertain. 

Many construction contract disputes in Texas start with unpaid change orders. The work was performed. The paperwork was not. 

That gap creates risks. 

 

3. Delay and Notice Requirements

Texas weather shifts quickly. Supply chains shift as well. 

Most contracts require written notice of delay within a certain number of days. 

If your team does not send proper notice, you may lose the right to request more time or money. 

Ask yourself: 

• Do project managers know the notice deadlines?  

• Is delay documented in writing?

• Are emails saved? 
   

A delay claim often fails because notice was not given on time. 

That is a preventable mistake. 

 

 4. Payment Terms

Review payment clauses with care. 

Look at: 

• When payment is due

• Whether payment depends on owner payment

• Retainage amounts

• Required lien waivers 
   

If payment terms are not clear to your team, disputes can develop quickly. 

Texas lien law also has strict deadlines. Missing a deadline can remove leverage. 

A Fort Worth construction attorney can review payment terms to ensure they comply with Texas law and protect your rights. 

 

 5. Dispute Resolution Clause

Does your contract require mediation? 
Does it require arbitration? 
Where must the dispute be filed? 

These clauses control how a dispute moves forward. 

Many people do not read this section until a dispute arises. At that point, the rules are already set. 

February is the right time to read them. 

 

The True Cost of Construction Contract Disputes in Texas 

Legal fees are only one part of the cost. 

Disputes can lead to: 

• Project delays

• Stalled payments

• Bond claims

• Insurance issues

• Strained business relationships

• Lost future work 
   

Reputation matters in construction. Word travels fast. 

Preventing disputes protects more than a single project. It protects your standing in the industry. 

 

Construction Law Requires Focused Knowledge 

Construction contracts are not simple service agreements. 

They involve: 

• Multiple layers of contractors

• Strict lien deadlines

• Notice requirements

• Insurance coordination

• Technical performance standards 
   

A Fort Worth construction attorney who works in this area understands both the legal structure and the realities of job sites. 

That experience matters when reviewing contracts before work begins. 

 

If You Already See Signs of Trouble 

Sometimes February review shows that a dispute is already forming. 

You may notice: 

• Payments arriving late

• Extra work approved by text but not signed

• Schedule compression without documentation

• Disagreement over responsibility for delays 
   

If that is happening, take action now. 

1. Review the contract
2. Gather written communication
3. Seek legal guidance for construction contract disputes in Texas 
    

Early involvement can create options. Waiting can close them.