At Lovein Ribman, construction law is not just a practice area—it is the foundation of our firm. For nearly two decades, we have represented the full spectrum of the construction industry in every type of dispute and transaction across commercial, residential, industrial, and public works projects throughout Texas. Our leadership in this field is well established. Managing Partner Robert M. Lovein and Senior Partner Elana M. Ribman are the co-authors of Texas Construction Law and Practice, published by LexisNexis and Matthew Bender.  This treatise is widely relied upon by attorneys, judges, arbitrators, and construction professionals for guidance on preparing, filing, and foreclosing statutory and constitutional mechanic’s liens.  The firm’s Construction Law Department is led by two of the only 161 attorneys in Texas who are Board-Certified in Construction Law: Robert M. Lovein and Nick Messina.  Year after year, Best Lawyers—the legal industry’s leading peer-reviewed publication—has recognized Lovein Ribman as one of the top construction law and litigation firms in Texas.  This distinction—paired with our extensive experience in commercial construction litigation and contract matters—sets Lovein Ribman apart as one of the most qualified and respected construction law firms in Texas.

Our construction lawyers 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 (888) 368-2483 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 MATTERS

In 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

If you would like to discuss your current Contract, or have us create, review, modify, or explain the terms of a Prime Contract or Subcontract, please contact us by calling our toll-free number at (888) 368-2483 or by submitting the Contact Form.