Construction Disputes

Texas Construction Dispute Lawyers
Thomas, Feldman & Wilshusen, L.L.P.

In the construction industry, disputes can be damaging and expensive, but can also seem inevitable. They are not. With appropriate drafting of construction contracts, disputes can be minimized or prevented. When this does not occur, Thomas Feldman & Wilshusen, L.L.P. represents construction industry players in all dispute resolution venues, including negotiation, arbitration, mediation, litigation and appeal.

Subcontractors, general contractors, suppliers, owners, sureties, and design professionals involved in construction disputes are encouraged to contact Thomas, Feldman & Wilshusen, L.L.P. to schedule a consultation with an attorney.

Delay and Labor Impact Claims

One of the most damaging things for construction projects is when there is a significant delay on the project. This can damage the owner, because it potentially threatens the owner’s anticipated revenue from the project, the owner’s standing with its lender, and increased interest expense. For general contractors and subcontractors, delays can pose unanticipated time sensitive expenses, such as increased material and equipment costs, increased general conditions (or jobsite overhead) expenses, and increased home office overhead expenses.

TFW understands the critical nature of these events to owners, contractors, subcontractors, and suppliers. Quantifying pure delay damage claims usually requires extensive schedule analysis. TFW has experience working with scheduling experts to analyze schedules, usually using the critical path method, to determine when and why delays occurred. Methods such as the "Windows" or "Time Impact" analysis are commonly used to identify the duration of specific delays and to determine if certain delays were on the critical path.

Contractors and subcontractors can also experience labor inefficiencies. Claims like these are sometimes called lost productivity, lost efficiency, and labor impact claims. They can be caused by various events and job site conditions. Often, unanticipated labor inefficiencies are the product of delays and the resulting acceleration of the work.

TFW has significant experience quantifying damages for labor inefficiencies or labor impacts. In working closely with expert claims analysts, TFW has utilized most every approach in computing labor impact damages, such as specific cost, measured mile, industry surveys (e.g., MCAA factors), and modified total cost.

Because of its extensive experience in handling these types of claims, TFW is well acquainted with local and national claims consulting firms which specialize in quantifying labor inefficiency losses. TFW works closely with these experts to customize the method of quantifying damages that most closely reflects the client’s losses while meeting court scrutiny.

Quality of Work Claims

A frequent source of disputes on construction projects concerns the quality of labor or materials furnished to the project by a contractor, subcontractor, or supplier. These cases can involve any trade on the project.

The issue is often whether various standards of quality were met, including, (1) standards specified in the design documents including published standards, such as the American Society for Testing Materials (ASTM), (2) industry standards, and (3) performance standards. These types of disputes usually require expert testimony. To analyze the technical issues, TFW consults with industry members, design professionals, and forensic consulting firms which provide engineering and materials testing expertise.

Because of its longstanding connection to the construction industry and broad background in quality related disputes, TFW is very familiar with these types of disputes and their resolution.

Payment Claims

Nonpayment is probably the most common source of construction disputes. TFW has extensive experience in both prosecuting and defending these claims. These cases range from the sworn account suit for unpaid labor and materials to complex cases involving multiple types of issues.

Industry members too frequently overlook Prompt Pay statutes, even though they allow interest on undisputed and unpaid amounts at impressive rates. In TFW’s experience, general contractors, subcontractors, and suppliers that perfect mechanics lien and payment bond claims frequently collect when others, on the same project, collect nothing.

Lien and Bond Claims

The lien and bond claim perfection requirements in Texas are unique, cumbersome, and complex. Notice requirements and filing deadlines are strict and unforgiving. Content of the notices are mandated, in part, by statute. TFW has extensive experience in Texas in this area. TFW regularly assists its clientele in the lien and bond claim perfection process, and regularly defends and prosecutes those claims in court.


Contact TFW about your construction disputes. A firm member will be happy to arrange a consultation on resolving your dispute with the least amount of expense and disruption.