Dallas Construction Attorney

Texas Construction Law Deadlines Every Dallas Contractor & Owner Should Know

Texas construction law imposes strict deadlines on liens, defect claims, and pre-litigation notices. Missing an applicable deadline can bar an otherwise valid claim. Which rules apply to your situation depends on factors including whether the project is residential or commercial, the claimant’s role, when the contract was signed, and what warranty provisions are included. Consult an attorney to confirm which deadlines govern your matter.

Statutes of Limitations & 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 certain 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 a separate statute of limitations may close the window sooner.

Under Texas law, negligence and DTPA claims generally carry a 2-year limitations period, while breach of written contract and warranty claims generally 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 generally aren’t required to send pre-lien notices, but subcontractors and material suppliers may need to send a Notice of Unpaid Balance to both the property owner and the general contractor within monthly deadlines tied to when work or materials were furnished. Missing an applicable notice deadline can forfeit lien rights even when the underlying invoice is valid and unpaid. If you’re a subcontractor or supplier in the Dallas area carrying an outstanding balance, an attorney can confirm which deadlines and notice requirements 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 covered 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 affect a claim. The RCLA applies to claims involving single-family homes, duplexes, triplexes, quadruplexes, and condominiums, but its interaction with other statutes and contractual provisions can affect the required process.

Arbitration Clauses & Contract Review

Many Texas construction contracts require disputes to be resolved through arbitration or mediation rather than in court. An enforceable clause may govern how and where a dispute must be resolved, so the terms you accept at signing can shape your options later. Reviewing the contract before signing can clarify the required forum, procedures, and potential costs.

Payment Disputes & Unpaid Invoices

Unpaid invoices, retainage disputes, disputed change orders, and payment withholding can affect contractors, subcontractors, suppliers, and owners. We review the written contract, pay applications, invoices, approved change orders, waivers, notices, payment schedules, and project communications to assess the available options.

A Dallas construction lawyer can assist with contract enforcement, negotiation, mediation, arbitration, construction litigation, and available lien or bond remedies. Owners responding to a payment demand may also need to evaluate whether work was completed, charges were authorized, notice requirements were met, and a withholding decision is supported by the project record.

Mechanic’s Liens Under Texas Property Code Chapter 53

Mechanic’s lien rights can be an important payment remedy, but a lien affidavit, notice of unpaid balance, payment bond claim, and lawsuit to enforce a lien are separate steps with different requirements. Texas Property Code Chapter 53 governs mechanic’s liens and can apply to qualifying labor, materials, specially fabricated materials, and certain design-related services.

We represent claimants seeking to preserve and enforce lien rights as well as owners and general contractors responding to lien and payment claims. The proper strategy depends on the claimant’s role, the project type, notice history, the claimed amount, priority questions, and the potential need for a release or waiver.

Construction Defects & Design Disputes

Construction defect and design disputes can involve alleged defective workmanship, materials, delays, design responsibility, warranties, repair demands, and allocation of responsibility among project participants. Attorney Michael Cramer has handled construction litigation involving breach-of-contract and construction-delay claims.

These matters often require review of the contract, plans, specifications, inspection records, photographs, repair history, warranties, expert opinions, and project communications. Residential defect claims may also be subject to the RCLA notice, inspection, and settlement procedures, so parties should consider applicable requirements before repairs alter relevant evidence.

Who We Represent in Dallas Construction Disputes

We represent both plaintiffs and defendants across construction matters involving owners, developers, contractors, subcontractors, suppliers, architects, and engineers.

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 may need counsel for 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.

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.

Discuss Your Dallas Construction Matter with Attorney Michael Cramer

Attorney Michael Cramer handles each construction case personally and offers same-day consultations for time-sensitive matters. We serve clients in Dallas and surrounding communities in English and Spanish.

Call (972) 833-8330 or contact us online to schedule your free initial consultation with our Dallas construction attorney.