Construction Contracts

Construction ContractsAllensworth & Porter, LLP has an extensive practice drafting and negotiating construction contracts. Our lawyers have written extensively on the benefits of thoughtful drafting of construction contracts, and are frequent lecturers on contract issues. We believe that careful preparation of construction agreements can minimize the scope and potential for disputes.

We have written numerous manuscript contracts, but usually work with industry forms promulgated by the American Institute of Architects, the Engineer’s Joint Council on Construction Documents, and the Associated General Contractors’ ConsensusDOCS.  We are familiar with Building Information Modeling (BIM) and have written a chapter comparing the AIA’s Integrated Project Delivery System and the ConsensusDOCS’ 301 BIM Addendum.

The lawyers at Allensworth & Porter have assisted owners in selecting project delivery systems, and in the drafting of all the contracts on several substantial projects involving both vertical and horizontal construction.

Attorneys

Appellate Cases

Publications

  • Construction Law (William R. Allensworth et al. eds., 2009)
    Place: Textbook Published by the American Bar Association for the Teaching of Construction Law
    Author/Speaker: Edited by William R. Allensworth
  • Key Clauses in Design and Construction Contracts for Condominium Projects
    Place: Presented to the State Bar of Texas 29th Annual Construction Law Conference (2016).
    Author/Speaker: Joe R. Basham. Presented by Joe Basham
  • Overview of Contract Law
    Place: Presentation for HalfMoon Education, Inc.: Legal Issues for Texas Civil Engineers and Professional Land Surveyors (Nov. 19, 2015).
    Author/Speaker: Will W. Allensworth
  • Architect/Engineer Defense in Practice
    Place: Presented to the State Bar of Texas 28th Annual Construction Law Conference (2015).
    Author/Speaker: Will Allensworth (co-authored and presented by Matthew B. Cano)
  • Overview of Contract Law
    Place: Presentation for HalfMoon Education, Inc.: Legal Issues for Texas Civil Engineers (Aug. 13, 2014).
    Author/Speaker: Will W. Allensworth
  • The Top 5 Legal Mistakes Made by Design Professionals
    Place: Austin Business Journal (Dec. 20, 2013)
    Author/Speaker: Matthew B. Cano
  • Recent Developments in Construction Law
    Place: Presented to the AACEI Central Texas Section Meeting (Nov. 14, 2012).
    Author/Speaker: Travis W. Brown
  • Construction Law Update
    Place: Presented to The University of Texas School of Law Construction Law Conference (Sept. 13, 2012).
    Author/Speaker: S.W. "Whitney" (May) Knight, & Will Allensworth (co-authored and presented by Matthew B. Cano)
  • Top Construction Contract Issues and Pressure Points for the Players, The Subcontractor’s Perspective
    Place: Presented to The University of Texas School of Law Construction Law Conference (Sept. 13, 2012).
    Author/Speaker: Joe R. Basham, Panelist
  • Payment and Managing the Project
    Place: Presentation for HalfMoon Seminars, LLC: Legal Issues for Texas Professional Engineers (Sept. 7, 2012).
    Author/Speaker: Travis W. Brown
  • Managing Risk for Differing Site Conditions
    Place: Construction News (Sept. 2012).
    Author/Speaker: S.W. "Whitney" (May) Knight
  • Procurement & Construction Contracts
    Place: Presented at the Texas Rural Water Association 2012 Attorneys Conference (Aug. 29, 2012).
    Author/Speaker: William R. Allensworth
  • Selecting and Procuring Services
    Place: Panel Presentation at the Leadership in the Capital Projects Forum (Apr. 4, 2012).
    Author/Speaker: Travis W. Brown, Panelist
  • The Witching Hour: Limitations, Repose, Tolling, and Other Horrors
    Place: Presented to the State Bar of Texas 25th Annual Construction Law Conference (2012)
    Author/Speaker: Co-authors Matthew C. Ryan & Will Allensworth. Presented by Matthew C. Ryan
  • Architectural Law Case Update 2010-2011
    Place: Presented to The American Institute of Architects Austin Summer Conference and Product Expo (Aug. 25, 2011).
    Author/Speaker: Matthew C. Ryan (co-written and presented with David Lancaster)
  • Reviewing Contracts for Design Services and Construction
    Place: Presentation for HalfMoon Seminars, LLC: Legal Issues for Texas Landscape Architects (Aug. 19, 2011).
    Author/Speaker: Joe R. Basham
  • Understanding (and Avoiding) Professional Liability Claims
    Place: Presented to the Texas Society of Professional Engineers 75th Annual Meeting and Conference (June 24, 2011).
    Author/Speaker: Matthew C. Ryan (co-authored and co-presented by Matthew B. Cano)
  • No Contract, No Fear . . . Quantum Meruit is Here
    Place: Construction News (June 2011).
    Author/Speaker: Travis W. Brown
  • When “Pay-if-Paid” Means “Not Going to Get Paid”
    Place: Construction News (May 2011)
    Author/Speaker: Travis W. Brown
  • Understanding General Liability and Professional Liability Insurance Coverage
    Place: Presentation for HalfMoon Seminars, LLC: Minimizing Engineering Liability Exposure (Feb. 23, 2011).
    Author/Speaker: William R. Allensworth (co-presented with Jim Jimmerson)
  • Managing the Project
    Place: Presentation for HalfMoon Seminars, LLC: Minimizing Engineering Liability Exposure (Feb. 23, 2011).
    Author/Speaker: Travis W. Brown
  • Adopting Strategies for Minimizing Liability Exposure
    Place: Presentation for HalfMoon Seminars, LLC: Minimizing Engineering Liability Exposure (Feb. 23, 2011).
    Author/Speaker: Joe R. Basham
  • Construction Law Update
    Place: Presented to the State Bar of Texas 27th Annual Litigation Update Institute (Jan. 21, 2011).
    Author/Speaker: Will Allensworth (co-authored and presented by Matthew B. Cano)
  • Building Information Modeling
    Place: In Shared Design 4-1 (Michael T. Callahan ed., 2011).
    Author/Speaker: Travis W. Brown & Joe R. Basham
  • Paving the Way: TxDOT’s Contract Claims Process
    Place: Construction News (July 2010).
    Author/Speaker: Travis W. Brown
  • Contractual Devices to Limit, Waive, and Liquidate Schedule-Related Damages
    Place: Presented to the State Bar of Texas 23rd Annual Construction Law Conference (2010).
    Author/Speaker: Co-authors William R. Allensworth and Will Allensworth. Presented by William R. Allensworth
  • Residential Builders and Remodelers Need to Get a Contract Check Up: Changes in Texas Law Require Them to Examine Their Consumer Contracts and Business Practices or Face Increased Liability
    Place: Construction News (Dec. 2009).
    Author/Speaker: William R. Allensworth
  • Bid Issues – What Every Subcontractor Needs to Know
    Place: Construction News (Dec. 2009).
    Author/Speaker: Travis W. Brown
  • Negotiating the Owner-Architect Agreement
    Place: Presented to the State Bar of Texas 22nd Annual Construction Law Conference (2009).
    Author/Speaker: William R. Allensworth
  • Construction Law Update
    Place: Presented to the State Bar of Texas 21st Annual Construction Law Conference (2008).
    Author/Speaker: William R. Allensworth (with Joe Canterbury)
  • Mechanics of Perfecting and Preserving a Lien Claim
    Place: Presentation for Lorman Education Services: Construction Lien Law in Texas (Feb. 19, 2008).
    Author/Speaker: Matthew C. Ryan
  • An Introduction to Building Information Modeling
    Place: 27 Construction Law. 33 (2007).
    Author/Speaker: Travis W. Brown (co-authored with Benton T. Wheatley)
  • Construction Law Update
    Place: Presented to the State Bar of Texas 20th Annual Construction Law Conference (2007).
    Author/Speaker: William R. Allensworth (with Joe Canterbury)
  • Mechanics of Perfecting and Preserving a Lien Claim
    Place: Presentation for Lorman Education Services: Construction Lien Law in Texas (Feb. 16, 2007).
    Author/Speaker: Matthew C. Ryan
  • Construction Law Update
    Place: Presented to the 28th Annual Advanced Real Estate Law Course (2006).
    Author/Speaker: William R. Allensworth
  • The Role and Use of Experts: A Reminder and Refresher of Why and When to Use Them
    Place: Presented to The University of Texas Construction Law Conference (2006).
    Author/Speaker: William R. Allensworth
  • Lien and Bond Claims for Design Professionals
    Place: Presentation for Lorman Education Services: Legal Issues for Texas Design Professionals (Aug. 10, 2006)
    Author/Speaker: Joe R. Basham
  • General Overview of Contract Law
    Place: Presentation for Lorman Educational Services: Change Orders in Texas (June 20, 2006).
    Author/Speaker: William R. Allensworth
  • Construction Law Update
    Place: Presented to the State Bar of Texas 19th Annual Construction Law Conference (2006).
    Author/Speaker: William R. Allensworth & Travis W. Brown (co-authored and presented with Joe Canterbury)
  • Performance Bonds
    Place: Presentation for Lorman Education Services: Construction Lien Law in Texas (Feb. 17, 2006).
    Author/Speaker: Joe R. Basham
  • Defending Subrogation Claims in Design and Construction Cases
    Place: 25 Construction Law. 32 (2005).
    Author/Speaker: Travis W. Brown (co-authored with Benton T. Wheatley)
  • Contracts and Recent Supreme Court Jurisprudence
    Place: Presented to the Texas Association of Defense Counsel, Inc. (2005).
    Author/Speaker: William R. Allensworth
  • Recent Developments in Residential Construction Law
    Place: Presented to The University of Texas School of Law Residential Development and Construction Law Conference (2005).
    Author/Speaker: William R. Allensworth
  • Construction Contracts: Formation and Interpretation
    Place: Presentation for Lorman Educational Services: Change Orders in Texas (June 15, 2005).
    Author/Speaker: William R. Allensworth
  • Why Use A Change Order?
    Place: Presentation for Lorman Educational Services: Change Orders in Texas (June 15, 2005).
    Author/Speaker: Joe R. Basham
  • Construction Law Update
    Place: Presented to the State Bar of Texas 18th Annual Construction Law Conference (2005).
    Author/Speaker: William R. Allensworth (with Joe Canterbury)
  • Perfecting Mechanics’ & Materialmen’s Liens in Texas
    Place: Presentation for Lorman Education Services: Construction Lien Law in Texas (Jan. 26, 2005).
    Author/Speaker: Joe R. Basham
  • Construction Contracting: An Introduction to Construction Contracts
    Place: Presented to The University of Texas School of Law Construction Law Conference (2004).
    Author/Speaker: William R. Allensworth
  • Contract Drafting: Getting it Right in the First Place
    Place: Presentation for Lorman Educational Services: Practice Management for Architects and Engineers in Texas (June 25, 2004).
    Author/Speaker: William R. Allensworth
  • Construction Law Update
    Place: Presented to the State Bar of Texas 17th Annual Construction Law Conference (2004).
    Author/Speaker: William R. Allensworth
  • Pay if Paid Clause May Not Be Enforceable
    Place: Construction News (Oct. 2003)
    Author/Speaker: Joe R. Basham
  • How Long Am I On the Hook? Statutes of Repose, Statutes of Limitation, and Why a One-Year Warranty May Not Be a One-Year Warranty
    Place: Presented at the South Padre Island Building Communities Conference (Sept. 25, 2003).
    Author/Speaker: William R. Allensworth & Joe R. Basham
  • Introduction to Texas Residential Construction Law (Construction Defects)
    Place: Presented to the University of Texas School of Law Residential Construction Law Conference (2003).
    Author/Speaker: William R. Allensworth & Joe R. Basham