Texas Construction Law Attorney
West Texas and Central Texas Construction Law Representation for both Residential and Commercial Properties. We represent purchasers and homeowners in all of West & Central Texas, including but not limited to Lubbock, Midland, Odessa, Abilene, Georgetown, Cedar Park and Round Rock.
The Moster Law Firm provides comprehensive litigation services in the areas of construction law, defective residential or commercial construction, breach of contract, and fraud, with a focus on the representation of homeowners. We are known for being aggressive, creative, and cost conscious.
The purchase of a home is one of the most important and expensive decisions that any of our clients in West Texas and Central Texas can make. The usual process is to interview potential home builders and make a selection or work from a referral. Usually, the execution of the building contract and construction agreement are considered routine as the purchasers concentrate on the construction of the new home and all of the choices to be made. Unfortunately, in a minority but significant number of cases, things go very wrong and fast.
It our experience, the home builders in West Texas and Central Texas can overstate their experience in a variety of areas including the ability to construct the home you just paid for. Sometimes, home builders in West Texas and Central Texas flat out lie or overstate their experience. Other issues which unfortunately surface include delays in home construction, cost overruns, disagreements as to the building plans, improper supervision of subcontractors, and shoddy work. We have witnessed just about every horror story from a defective foundation, failure to follow the building plans, non-compliance with code, defective and dangerous construction work, walking off the job, and outright theft.
The homeowner is left distraught, emotionally and financially drained, and out of options. That’s when the potential client finally determines that they need legal representation.
In selecting a construction law attorney in West Texas and Central Texas always seek out hands on experience in this complex area. Construction law and litigation should be a major practice area for the law firm – and it certainly is for the Moster Law Firm.
We start the process with a complimentary meeting with the potential client to consider the strength and weaknesses of the case. We will do a thorough analysis and make a recommendation from the very beginning without charge. Here are some of the issues we look at:
1. Compliance with State Construction Law
Construction Law in Texas for aggrieved homeowners has been restricted by the legislature as a result of the Home builders’ Lobby. The existing laws require that certain actions and notice procedures be followed absent which a potential lawsuit will be thrown out of court. These rules are the nuts and bolts of your case but can easily be missed by inexperienced lawyers and certainly clients. The silver lining is that home builders are also confused by the laws and our clients can benefit from this inexperience to increase their damage awards.
2. Strength of Case
Clients have no way to gauge the legal strength or weakness of a claim against a home builder. It very well may be that a builder has not performed reasonably but that does not mean damages or relief are necessarily available. Our job as attorneys is to listen to your story, review the facts, and give you a straight forward assessment as to the strength of your legal claims and critically, the amount of damages you could recover.
3. Recovery of Attorneys’ Fees
Although Texas Law allows for the recovery of attorneys’ fees incurred in the prosecution of your case, it is not guaranteed and potential clients need to carefully evaluate whether the home builder has the ability to payout not just the legal fees if authorized by the Court, but the judgment itself. This issue is often not adequately understood by clients in West Texas and Central Texas before the first shot is fired and is a key area of our initial assessment and recommendation.
4. Legal expenses
Construction law cases in West Texas and Central Texas can be expensive and it all depends on the facts and complexity. Many law firms are reluctant to give estimates given the many variables of any case. That’s not how we operate at the Moster Law Firm. We’ve been down the construction litigation road before and will provide a detailed cost estimate so all of our clients can decide whether a lawsuit makes sense or not.
The key to our success is working with our clients in West Texas and Central Texas as a team. We are known for being communicative and interactive. We will discuss the litigation strategy with you and also options available to accelerate the process and reduce expenses. That is a core area of our representation.
West & Central Texas Construction Law Lawyers
We invite potential construction law clients to schedule a complimentary meeting to discuss the merits of their case at any of our offices in West Texas and Central Texas.
Everything You Wanted to Know About Suing your Home Builder but were Afraid to Ask
It always starts with a dream and lots of emotion. Building a home is always an emotional process. It is also an expensive process and probably the most expensive purchase you will ever make. Although most people work very hard to qualify the experience of their home builders and to carefully review the purchase contract or construction agreement, huge mistakes are often made from the very beginning which could turn your dream into a nightmare. Here are a few things to consider if you are building a home in Midland Odessa, Lubbock, Amarillo, Abilene, Georgetown, Round Rock, or Cedar Park.
1. Check the qualifications of your home builder and then check again and check again
This is usually the critical stumbling block as in many cases we take on the home builder has overstated its experience or down right lied. Always select a home builder with many years of experience and the willingness to give you a list of happy customers to check in with.
2. Make sure the Home Builder has assets
There is a very minimal amount of insurance that home builders are required to carry in Texas which will not come close to compensating you if things go wrong and a lawsuit is filed. There are rogue home builders and contractors who set up a simple business entity with little or no assets to protect themselves in the event of a lawsuit. Selecting one of these home builders is a fatal mistake because you will never be able to recover damages even if you are successful in court. Go for experience and financial strength.
3. Defective Contract
Your contract with the home builder is essential as it specifies the construction services to be rendered, the home builder’s obligations and loopholes, and your remedies. A poorly drafted contract can often lead to litigation and leave the injured purchaser with few legal options to recover damages or even legal fees.
4. Being Too Nice
This is very common and don’t fall into this trap. There are dishonest home builders out there who will violate the contract from the beginning and it starts with some area of non-compliance under the construction contract. It could be that the dimensions of a room or closet are incorrect, an added cost for materials, or damage caused during installation. Stand Firm and do not allow the home builder to get away with violating the contract as you will give your legal rights away.
So, what happens when things go very wrong? What are your options as a homeowner?
5. Get Legal Advice right away
Texas laws favor home builders and were influenced by their lobby in the state legislature. You must follow certain procedures to preserve your legal rights and prevent a lawsuit from being kicked out of court. The good news is that many home builders also fail to understand these procedures and their noncompliance can increase your likelihood of winning and recovering greater damages.
6. Protect the Evidence!
If the home is partially built, do not hire a new contractor to correct the problems without consulting an attorney. Once the construction is altered, you may be destroying key evidence in the case and the ability to recover damages. Be very careful!
7. Find out if you have a good case
The construction law in Texas will determine the strength of your case in tandem with the home builder contract. Although you may feel that a home builder violated the contract, only an experienced construction lawyer can let you know if it rises to a valid legal claim where you can recover real dollars.
8. Watch out for worthless Judgments
Just because you win a lawsuit does not mean you will collect a dime. Before you filed suit, your attorney should advise as to whether the defendant has sufficient assets to pay out any claim, including attorney fees.
9. Moderate the emotions
Never make a decision to file a lawsuit based on anger. Although easier said or done, approach the filing of a lawsuit like surgery. If it can be avoided, do so. If it appears to be an option, make sure you have a proper legal assessment of the strengths and weakness before the first shot is fired.
10. Choose your Law Firm Wisely
Make sure your lawyers’ practice extensively in the area of construction law. It is a specialized and complex area. Never skimp on experience.