Construction Law Attorney in Dallas

Texas Construction Law Deadlines Every Dallas Contractor and Owner Should Know

Texas construction law imposes strict deadlines on liens, defect claims, and pre-litigation notices. Missing one can permanently bar a valid claim regardless of how strong the underlying dispute is. Which rules apply to your situation depends on factors including whether the project is residential or commercial, when the contract was signed, and what warranty provisions are included. Consult an attorney to confirm which deadlines govern your matter.

Statutes of Limitations and the Statute of Repose

Texas Civil Practice and Remedies Code §16.009 establishes a general statute of repose of 10 years from substantial completion of an improvement for construction defect claims. For residential contractors who provide a qualifying written warranty, legislation effective June 9, 2023 (HB 2024) reduced that period to 6 years for covered detached one- and two-family homes and townhomes. These outer limits cap how long a claim may remain viable, but the statute of limitations closes the window much sooner for most claims. Under Texas law, negligence and DTPA claims generally carry a 2-year limitations period, while breach of written contract and warranty claims carry a 4-year period. When that period begins to run depends on the specific facts of your dispute. An attorney can help you determine whether your claim is still within the window and what steps are needed to preserve it.

Texas Mechanic’s Lien Notice Requirements

Mechanic’s liens on private Texas projects are governed by Chapter 53 of the Texas Property Code. The notice rules differ depending on your role in the project. Original contractors with a direct contract with the property owner aren’t required to send pre-lien notices, but subcontractors and material suppliers must send a Notice of Unpaid Balance to both the property owner and the general contractor within specific monthly deadlines tied to when work or materials were furnished. Missing a notice deadline can forfeit lien rights entirely, even when the underlying invoice is valid and unpaid. If you’re a subcontractor or supplier in the Dallas area carrying an outstanding balance, acting before the notice window closes is critical, and an attorney can help confirm which deadlines apply.

The Residential Construction Liability Act

The Texas Residential Construction Liability Act (RCLA), found at Chapter 27 of the Texas Property Code, imposes a mandatory pre-litigation process for residential construction defect claims. Before filing suit, a claimant must provide 60 days’ written notice to the contractor, who then has an opportunity to inspect the alleged defect and make a settlement offer. Failure to follow the RCLA process can result in dismissal. The RCLA applies to claims involving single-family homes, duplexes, and condominiums, but its interaction with other statutes and contractual provisions adds complexity that makes early legal review worthwhile.

Arbitration Clauses and Contract Review

Many Texas construction contracts require disputes to be resolved through arbitration or mediation rather than in court. The clause in your contract governs how and where any dispute must be resolved, which means the terms you agree to at signing directly shape your options later. Reviewing contract language before you sign and understanding what an arbitration clause means for your rights is a practical step that can help prevent significant problems if a dispute arises.

Who We Represent in Dallas Construction Disputes

The Cramer Law Group represents both plaintiffs and defendants across the full range of construction matters. Our clients come from every part of the construction process, and understanding who typically brings or faces a claim can help you assess where your situation fits.

Property Owners & Developers

Owners and developers commonly face disputes over defective work, project delays, cost overruns, and contractor non-performance. These disputes can arise during construction, at substantial completion, or years after a project closes. Texas law sets outer time limits on defect claims, making it important to identify and address problems as soon as they emerge.

General Contractors

General contractors often face payment disputes from owners while simultaneously managing liability exposure from subcontractors or other parties. Claims coming from multiple directions require a coordinated legal strategy that accounts for the contractor’s contracts, insurance coverage, and lien rights together.

Subcontractors & Material Suppliers

Subcontractors and suppliers most frequently need help with unpaid invoices, mechanic’s lien enforcement under Texas Property Code Chapter 53, and contract disputes with general contractors. Lien notice deadlines run on a strict monthly calendar, and missing them can eliminate the ability to recover payment through the lien process entirely.

Design Professionals

Architects and engineers can face claims related to design errors, scope disputes, and professional liability arising from their involvement in a project. These claims often overlap with contractor liability, making early legal analysis important for understanding exposure and defense options.