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Construction Litigation

Houston Construction Lawyer

At Kirkpatrick Law we are your business partner in the construction industry. We are here to help in risk mitigation guidance, contracts and construction lawsuits. Kirkpatrick law has routinely represented architects, engineers, consultants, contractors, subcontractors, sureties and owners. The complexity of the construction industry often leads to legal conflict with entities involved in the project. With money, materials, resources, labor and scheduling on the line, you need a highly skilled and experienced legal team to defend your interests. If you are about to embark on a new construction project or have questions about and ongoing one, call Kirkpatrick Law Today!

Construction Transaction Assistance

Here at Kirkpatrick Law we assist our clients with legal needs arising throughout all phases of a construction project. From the point of project conception and development, through contract negotiation and project execution, to project completion, turnover and warranty.

You can trust in Kirkpatrick Law to help you with:

  • Drafting and Negotiating Construction and Design Contracts
  • Governmental Contracting and Procurement Requirements
  • Public-Private Partnerships
  • Project Financing
  • Insurance Review and Risk Transfer
  • Surety Bonding

Eric Kirkpatrick has experience in construction matters in a variety of industries, such as commercial, industrial, retail, office, multi-family and single family residential. Additionally, he has knowledge of healthcare, assisted living, education, hospitality, churches, energy, transportation, municipal, state and federal government contracts.

What Are The Most Common Construction Contract Disputes




The “Scope of Work” is the actual work that you have agreed to complete within the contract. The bid or estimate you gave when you quoted a price for your Scope of Work generally does not become part of the subcontract. That means that the work you are agreeing to do when you sign the contract may be different than what you bid. You need to fully understand the work that you are agreeing to perform. You must review all the documents that define your Scope of Work before you sign your subcontract. The subcontract itself will tell you what documents are to be included. This usually includes the current plans and specifications, the project manual, and the Prime contract. You need to fully understand these documents before agreeing to perform any work.

Change Orders

In most projects there becomes a time when the Scope of the Work changes or additional work is added on. Often this is due to modifications of the construction project. If you perform extra work outside your agreed scope without a written or signed change order, you will not be entitled to payment for any extra work. Read your specific subcontract for the exact requirement regarding change orders. Make sure the extra work is agreed to and signed off on by all parties before you proceed.

Deductive Change Orders

A deductive change order occurs when you fail to complete or repair work that is in your Scope of Work. It will also occur when you damage the work of another subcontractor. If an issue arises you need to attempt to complete and repair any work that is within your agreed Scope of Work. If you disagree with the deductive change order, address the issue immediately. You should start by listing specifically why it should not be deducted from the amount you are owed.

No Damages for Delay

Contract provisions that call for no damages due to delays in the project means that any extra mobilization cost or overtime cost that you incur cannot be recovered or charged back. Even if the reason for the delay or extra cost is not your fault. For example, if the project is not improperly scheduled and you are to begin. However, when you arrive at the project it is clear they are not ready for you to start. Then you must leave, your mobilization and demobilization costs will not be recoverable. Try to negotiate something in the subcontract to recover these costs, before you sign the subcontract.

Construction Disputes

The goal is always to avoid litigation. However, when litigation is unavoidable, we are here to assert and protect our client’s interests. Eric Kirkpatrick has handled many construction disputes in court and arbitration. We have our client’s best interest at heart. Therefore, we work to resolve these complex situations effectively and efficiently. Eric Kirkpatrick is experienced with construction law. He has been involved in the following kind of construction disputes:

  • Contract and Payment Dispute
  • Bid Protests
  • Construction and Design Defects
  • Scope and Change Orders
  • Mechanic’s and Material-men’s Liens
  • Risk management
  • Bankruptcy issues
  • Corporate formation and protection issues


  • Development Partnership and Investor Disputes
  • Performance and Payment Bond Claims
  • Defaults and Termination of Contracts
  • Delay and Liquidated Damages
  • Performance and Warranty
  • Employment issues
  • Governmental regulation and compliance issues
  • Federal contract compliance
  • Residential Construction Liability Act
  • Indemnity Disputes
  • Job Site Safety and Personal Injury
  • Insurance Coverage
  • Architectural Copyright Infringement and Intellectual Property
  • Alternative dispute resolution
  • Project delivery systems

There Is No Construction Law Matter We Can’t Handle

For assistance in any construction legal matter give Kirkpatrick Law a call today!