Experienced Representation From Central Texas Construction Law Attorneys
During the course of the construction process, issues may arise that require legal advice or representation. One mistake has the potential to jeopardize the entire project. Given what is at stake, you can greatly benefit from advice and guidance from a lawyer with extensive knowledge and a keen eye for detail.
The law firm of Harrell, Stoebner & Villanueva, P.C., with an office in Temple, provides quality, professional representation to clients throughout Central Texas. We represent property owners, developers, builders, construction managers, suppliers, design professionals and contractors for legal matters, simple to complex, at every phase of the construction process. We also can represent residential homeowners who have purchased property with a construction defect.
Offering A Full Scope Of Legal Services
Our construction law attorneys are a dynamic team of professionals with the talent, knowledge and experience to handle a range of legal matters, including:
- Contract formation and negotiation
- Contract performance issues
- Warranty matters
- Mechanic’s and materialmen liens
- Subdivision plats and restrictive covenants
- Claims and dispute resolution
If possible, we will try to resolve your legal matter through negotiation or other settlement techniques, which will potentially save you time and money. However, if litigation is needed to resolve the matter to your satisfaction and best interests, we are fully prepared to take your case to trial.
Frequently Asked Questions About Construction Law In Texas
Construction law questions can arise at any stage of a project, and the answers can directly affect your rights. Below, we address some of the most common questions we hear from property owners, contractors and builders across Central Texas.
What is “retainage” in a Texas construction project?
Retainage is a standard practice where a property owner withholds a set percentage of the total contract price until the project reaches completion. In Texas, that amount is typically 10% of the contract value.
This holdback gives the owner financial protection and encourages the general contractor to complete the work and pay all subcontractors. Texas law allows unpaid subcontractors 30 days after project completion to make claims against these retainage funds. During that window, unpaid subcontractors may file claims to trap the money before release.
Can a contractor place a lien on my homestead property?
Yes, but Texas law sets strict protective requirements for primary residences. A mechanic’s lien on a homestead is only valid if the contractor holds a written contract signed by both spouses before any work begins or materials arrive on the property.
The contractor must also have that contract properly acknowledged or notarized as required by Texas law. If the contractor skips these steps, the lien is invalid under Texas law. These requirements exist specifically to protect homeowners from unexpected claims against their primary residence.
How do restrictive covenants affect new construction in Temple subdivisions?
Restrictive covenants are legally binding rules attached to your property deed. Many neighborhoods and subdivisions in Temple include these rules, and they directly shape what you can build on your lot.
These covenants can dictate minimum square footage, property line setbacks and specific exterior material requirements, such as masonry percentages. Failing to comply can result in construction delays, fines or a court order requiring you to remove noncompliant structures. Reviewing the subdivision plat before construction begins helps you avoid costly and time-consuming problems.
We Are Prepared To Assist With Your Case
Like any legal matter, early intervention may be key to a more successful resolution. To discuss your case with one of our experienced attorneys, call our firm at 254-935-3036. Or, if you prefer to send an email, you may do so by filling out and submitting our online contact form. We will return your message promptly.