WE KNOW CONSTRUCTION LAW
Lovein Ribman is a Texas based construction law firm who represents the construction industry in every county throughout the entire state of Texas. Our firm is led by Board-Certified Construction Attorneys (an honor held by only 135 attorneys in the state) who represent every trade in the industry, from general contractors, earthwork contractors, concrete contractors, HVAC contractors, steel fabricators, masonry suppliers and installers, electricians, structural repair contractors, plumbers, truss manufacturers, roofers, painters, commercial glass fabricators and installers, fire suppression contractors, and so on . . . We have negotiated, modified, and created thousands of construction Contracts, to include Construction Manager at Risk Contracts, Design Professional Agreements, Design Build Contracts, Cost Plus a Fee Contracts, Stipulated Sum Contracts, Insurance Proceed Contracts, Prime Contracts, Subcontracts, and Purchase Order & Supply Contracts. We are conversant with all variations of the AIA standard form contracts, the EJCDC standard form contracts, and all other commonly used forms for Texas commercial Projects. If you are in the process of negotiating a Contract or require a specifically tailored form Contract, please contact us for a no obligation consultation by calling or by submitting the Contact Form. Read on to learn more about why your Contract matters and the most negotiated commercial Contract provisions.
YOUR CONTRACT MATTERSIn addition to binding the parties to a transaction and setting forth the price, scope and time period to complete the work, a well drafted construction Contract sets forth the rules for how the parties will resolve issues that arise during the Project, like price increases, scope changes, non-payment and other disputes. Even more importantly, most all construction contracts will contain provisions which limit and/or waive recoverable damages, state the deadlines and procedures for asserting a claim, and how to serve required notices. It really should go without saying that the contract is an extremely important document which will impact the parties’ rights and obligations during and long after the Project has been completed, terminated or abandoned. As such, it is surprising how many Contractors never negotiate, read, understand, or even follow the terms of their Contract. It is analogous to playing a complex game without first reading, understanding, or following the rules. Equally surprising, is when a Contractor uses or signs a Contract without first having it prepared, explained, modified or negotiated by a qualified Construction Attorney. When properly prepared (or negotiated/modified), a Contract should protect your company. When understood, the Contract will arm you with your rights and obligations. When followed, the Contract will provide you with a roadmap on how to handle issues that arise during and after a Project has been completed. If your company is generally hired by a Property Owner, then you should have a Construction Attorney create a form Prime Contract and Subcontract (to be used with your Subcontractors) that you can reuse on all future Projects. If your company is generally hired as a Subcontractor, then before you sign a General Contractor’s Contract, consider having it reviewed and modified by a Construction Attorney. Surprisingly, most General Contractors will allow their Subcontractors to reasonably modify their Contract. However, if they won’t, then at a minimum, have a qualified Construction Attorney review and explain the obligations and risks created by the Subcontract before you sign it.
COMMONLY NEGOTIATED COMMERCIAL CONTRACT PROVISIONS
- No Damage for Delay Provision concerning how the parties will resolve claims for increased compensation and additional time as a result of Project delays.
- Change Order procedures and calculation of additional costs, contractor’s fee, and additional time.
- Suspension of the work for non-payment.
- Termination for Cause and/or Convenience.
- Indemnification for third party Property and personal injury claims.
- Warranty obligations and claim procedures.
- Concealed or unknown site conditions.
- Dispute resolution, mediation condition precedent to arbitration and/or civil litigation.
- Contingent Payment Provisions.
- Timing and condition precedents to progress & final payment and withheld retainage.
- Insurance, Performance Bonds, and Payment Bond Requirements.
- Reimbursement of attorneys’ fees, costs and expert fees.
“Nick Messina was incredible to work with. He quickly resolved a very frustrating issue with a contractor. HIGHLY recommend Lovein Ribman! I will be using them again in the future, if needed.”
Kristin Smith (Realtor)
“We highly recommend this law firm. Our attorney was very knowledgeable and understood our situation which made us feel confident about our decision to take legal action. The attorney and his staff were thorough and timely responded to questions we had and kept us informed. We felt he had our best interest in mind and at the same time keeping legal costs under control. Hopefully we won’t need a lawyer again but if we do, we will DEFINITELY use Lovein Ribman.”
Frances Van Dalen
“I give Lovein Ribman, PC five full stars for a job well done. Nick not only was prompt, professional, and proficient, he was kind and caring, and did for me what I thought might be impossible.”