Justice for You
CONSTRUCTION LITIGATION
The construction field is a highly litigious field. Whether you’re involved in a simple home remodel or complex commercial construction, disputes can cost you time and money, rob you of the enjoyment of your property, and seriously threaten your business. De La O Law Firm represents owners, developers, builders, contractors, subcontractors, design professionals and other parties, both commercial and residential, in all aspects of construction law:
*Construction Claims – Resolving disputes over project delays, schedule changes, change orders, workmanship, or surety issues in both arbitration and litigation;
*Construction Default – Exhausting all alternatives to the lose-lose scenario of contractor termination, while positioning our client for the possibility of litigation;
*Construction and Design Defects – Prosecution or defense of claims for remedy of structural deficiencies, substantial materials, code violations or damage;
*Mechanics’ Liens and Payment Bond Claims – Aggressive action to enforce the rights of unpaid contractors and suppliers
*Contract Drafting and Negotiations – Comprehensive analysis in the creation and review of construction management, design-build, joint venture and construction contracts.
CONSTRUCTION TRANSACTIONS
Pre-construction measures are crucial in any construction project to ensure that your rights and interests are protected. These measures may also help minimize your potential for litigation once construction begins. We are experienced in reviewing, drafting, revising and negotiating a variety of specialized documents related to design and construction, including, but not limited to:
*Construction and design prime contracts;
*Bid documents;
*Consulting agreements;
*Joint venture agreements;
*Purchase orders;
*Subcontracts;
*Bonds
COMMERCIAL CONSTRUCTION LITIGATION
Every construction project involves numerous parties that are obligated to perform certain tasks. Any real or perceived failure on the party of any of these parties can give rise to potential litigation. It is therefore critical to enlist the services of reliable, effective legal counsel. We maintain a strong construction practice.
The following is a sampling, but not an exhaustive list, of construction issues handled by the De La O Law Firm:
*Breach of contract
*Construction defect claims
*Change order and scope claims
*Differing site conditions
*Performance and warranty disputes
*Defaults and termination
*Surety claims
*Payments issues
*Defective design
*Delay and liquidated damage issues
*Lien and bond claims
RESIDENTIAL CONSTRUCTION LITIGATION
Whether building a new home or trying to improve their property, homeowners too often experience construction nightmares that deny them the peaceful enjoyment of their premises and actually devalue their property. While some conflicts can be straightforward, the larger the project, the more difficult it can be to prove which actor is at fault. If your architect is blaming the engineer who’s blaming your contractor who’s blaming his material man, you need an experienced construction litigation attorney who can thoroughly investigate the problem.
We have experience representing homeowners in cases involving the Texas Residential Construction Liability Act and in construction disputes that are resolved through arbitration, mediation or trial.
The following is a sampling, but not an exhaustive list, of construction issues handled by the De La O Law Firm:
*Construction defects;
*Poor construction;
*Poor workmanship;
*Breach of sellers’ warranties;
*Mold claims;
*Foundation claims;
*Water penetration, including roof leaks, window leaks and foundation leaks;
*Structural defects;
*Plumbing leaks;
*Safety defects;
*Code violation;
*Breach of warranty;
*Breach of warranty of habitability;
*Abandonment of construction projects
There are certain implied warranties under Texas law, such as the warranty of habitability. Express warranties are also given by the builders. As a result of legislative changes and the establishment of the TRCC Process, some homeowners effectively have a 12-month warranty on their home in which to assert claims for workmanship or defective materials.
Damages in residential construction litigation cases may include diminished value of property, additional living expenses, restoration or remediation expenses, loss of use or increased cost of money or interest, loss of benefit of the bargain, expert fees, prejudgment interest, taxable court costs, attorneys’ fees, impairment of homestead rights, and being subject to mechanics’ liens and materialmen’s liens.