Construction Law
At Fahl & Donaldson, PLLC, our attorneys have more than 100 years of combined experience in construction law. We advise and represent clients during all phases of a project, including project planning and development, design, procurement, and construction.
Our attorneys represent clients engaged in the design and construction of commercial buildings, industrial and manufacturing facilities, heavy civil public works projects, power generation plants and transmission facilities, chemical plants, refineries, pipelines, maritime-related projects, hospitals, schools and higher education facilities, churches, and multi-family residential projects.
Owners, engineers, EPC contractors, general contractors, construction managers, design-build contractors, lenders, sureties, subcontractors, fabricators and suppliers consistently retain Fahl & Donaldson, PLLC, for guidance and representation through all phases of a construction project.
Our services include:
- Front-End Engineering Contracts
- Detailed Engineering and Design Contracts
- EPC Contracts
- Master Service Agreements
- Professional Services Agreements
- Plant Maintenance and Construction Agreements
- Procurement Agreements
- Owner-Contractor Agreements – Stipulated Sum (Lump Sum)
- Owner-Contractor Agreements – Cost of the Work Plus a Fee (with or without a guaranteed maximum price)
- Construction Management Agreements – At Risk and Advisor
- Design-Build Agreements
- Owner- Contractor Energy Savings Performance Contracts
- Owner-Architect Agreements
- Owner-Engineer Agreements
- Subcontract Agreements
- Risk Management Programs
Dispute Resolution
We work to resolve disputes as they arise. That means real-time resolution of disputes involving defective design, defective construction, bid protests, scope of work issues, schedule delay and disruption, mechanics’ and materialmen’s liens, contractor default, payment bond claims, performance bond defaults, termination, force majeure, start-up, warranty, unforeseen conditions, and other construction-related disputes.
Our construction lawyers are able to timely negotiate practical and reasonable resolutions that help to keep the project moving forward to completion. In most cases, litigation or arbitration can be avoided, and business relationships can be preserved. However, if going to court is the best way to protect your interests, we are trial-ready and will aggressively fight for you in court or in an arbitration hearing.
Payment & Performance Bonds
Failure of a contractor or subcontractor to pay its subcontractors and/or suppliers usually results in work stoppage, delay to the schedule, breach of contract, default and termination. The payment bond surety must determine if the claims are valid and if the claims are perfected. We have the experience to work with the surety and the contractor to determine if a claim is valid, and also to determine if a claim has been perfected under the Texas Property Code, the Texas Government Code or the Miller Act.
Default and/or insolvency of a contractor usually results in the contractor being unable or unwilling to complete the project. When this occurs, the owner will declare the contractor in default and make demand on the performance bond surety to complete the project.
Our construction law attorneys have the knowledge and experience to help the performance bond surety, the contractor/principle and/or the owner/obligee to navigate a bad situation. We can help you determine (a) the scope of work required to complete the project; (b) if the defaulting contractor should be assisted in completing the project; (c) if a completion contractor should be tendered; (d) if the bond proceeds should be paid to the obligee; or (e) another alternative.
Third parties, such as lenders, taxing authorities, etc., become involved with competing claims to the contract balance and claims against the performance bond and (occasionally) the payment bond. Often the surety and the insurance companies become adverse parties. Insurance companies that have provided liability, property or builder’s risk insurance to the owner, contractor or subcontractors often become involved in claims involving defective design, defective construction or damage to the work. This situation can be difficult when the bond principle and the insured are the same company.
Be assured. We have sailed these stormy waters, and we have the knowledge and experience to guide you through the process and seek a favorable resolution.
Contact Fahl & Donaldson, PLLC
If you need assistance on your next project, do not hesitate to call Fahl & Donaldson, PLLC, at 346-241-7355 or complete our contact form. Our firm is located in Houston, and we represent clients throughout Texas and the Gulf Coast area.