Construction Disputes

Members of our firm have tried scores of cases to Texas juries in State and Federal courts all over Texas and have very extensive experience in multiparty construction disputes.  We are experienced in all forms of Alternative Dispute Resolution processes common for construction disputes, including Arbitration, Mediation, and Dispute Review Boards.  We also have an extensive practice at Administrative forums, including the State Office of Administrative Hearings, and Professional Licensing agencies.

We handle all types of construction disputes, including particularly those arising out of:

Defective construction.  We have been involved in many of the major construction defect disputes in Central Texas since the firm’s inception in 1995, which have included all sorts of water infiltration and envelope issues, soil and foundation movement, and construction quality and warranty claims.

Professional negligence.  We are panel counsel for many of the insurers of Architects and Engineers, and have written extensively on the subject of architect and engineer liability.  Our Seminars and Publications page contains a partial list of these publications.

Construction claims, including the measurement and assessment of damages for extra work and for delay, and claims against the Texas Department of Transportation and other governmental entities.

Construction disputes among the construction participants, including issues relating to contract enforcement, formation, and termination.

Procurement, including bid disputes and the constitutionality of governmental bidding regimes.

Bond and lien claims on a wide variety of projects, both public and private.  Members of our firm have presented numerous papers on the intricacies of the Texas lien laws.  For more information, please visit our Seminars and Publication page.

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
  • Payment and Performance Bonds on Public Projects
    Place: Published in HalfMoon Seminars, LLC: Construction Law for Public Projects (August 10, 2016).
    Author/Speaker: Travis W. Brown
  • Chapter 150: Updates and Trends in Certificate of Merit Law
    Place: The Advocate, State Bar of Texas Litigation Section Report Summer 2016.
    Author/Speaker: William R. Allensworth and Will W. Allensworth
  • 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)
  • The Top 5 Legal Mistakes Made by Design Professionals
    Place: Austin Business Journal (Dec. 20, 2013)
    Author/Speaker: Matthew B. Cano
  • The Certificate of Merit: Field of Opportunity and Peril
    Place: Presented to the State Bar of Texas 26th Annual Construction Law Conference (2013).
    Author/Speaker: Co-authors Matthew C. Ryan and Will Allensworth (co-authored and co-presented by G. Stewart Whitehead)
  • Recent Developments in Construction Law
    Place: Presented to the AACEI Central Texas Section Meeting (Nov. 14, 2012).
    Author/Speaker: Travis W. Brown
  • 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
  • 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)
  • 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)
  • 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
  • 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)
  • Claims Before the State Office of Administrative Hearing
    Place: Presentation for HalfMoon Seminars, LLC: Texas Construction Law for Engineers & Contractors (Oct. 18, 2007).
    Author/Speaker: Travis W. Brown
  • 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
  • The Trail of Tears: TXDOT Claims and Procedures
    Place: Presented to the State Bar of Texas 19th Annual Construction Law Conference (2006).
    Author/Speaker: Matthew C. Ryan (co-written with Ryan M. Nord). Presented by Matthew C. Ryan
  • 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)
  • 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
  • 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 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