Construction Law

The Construction Law Practice Group of DuBois, Bryant & Campbell, L.L.P. represents design professionals, owners, construction managers, contractors, subcontractors, and material suppliers in all aspects of construction law, including contract formation and negotiation, construction claims and disputes, public contracts, risk management, regulatory and administrative matters.

TRANSACTIONAL MATTERS AND PROJECT DEVELOPMENT

Several of our attorneys act as the principal legal adviser to numerous companies and public entities concerning the design and construction process.  In this capacity, our services include the review, drafting and negotiation of construction contracts, subcontracts, purchase orders, architect/engineer contracts, and construction management contracts.  Our project experience includes domestic and international projects for public and private owners involving all methods of project delivery, including design/build.  Specific projects include corporate headquarters, semiconductor manufacturing plants, power plants, wastewater treatment plants, hotels, schools, commercial buildings, government offices, multi-building office campuses, industrial projects and many other significant capital improvement projects.  We also counsel clients on the issues that confront construction professionals and business persons on a daily basis.

CONSTRUCTION DISPUTES

Our lawyers have represented clients in a wide variety of claims involving allegations of defective design and construction, including disputes involving structural failures, architectural design defects, and defective mechanical and electrical systems.  We have also represented design professionals, owners, contractors, and material suppliers in litigation involving complex claims due to delays, acceleration, differing site conditions, change orders, contract administration problems, and other issues that adversely affected the project’s cost and schedule.  In addition, our attorneys have substantial experience in alternative dispute resolution methods, including mediation and arbitration.

Property Damage

We have extensive experience in the resolution of complex disputes involving property damage to manufacturing facilities, schools, wastewater treatment facilities, high rise buildings, condominiums, residences and other types of projects, including:

• Structural Systems - We have represented several clients in building collapse cases or other instances where a claimant alleged defective structural design caused or contributed to failure of the building structure or its components.  In other cases, we have represented the owner in prosecuting its claims against the design and construction team for defective design and construction.
• Roof/Building Envelope Problems - We have represented design professionals, developers, and contractors in the defense of claims that the roof or other portions of the building envelope were defectively designed or built which lead to water infiltration.  Several of these cases have involved multiple buildings and substantial alleged damages.
• Foundation Problems - We have represented owners, architects, structural engineers, and geotechnical engineers in numerous cases involving foundation movement of schools, churches, office buildings, and residences.
• Defective Materials or Equipment - We have handled claims involving the design, manufacture, or furnishing of defective materials and/or equipment.  We also have represented clients in connection with complex litigation involving nuclear power plants, wastewater treatment plants, industrial mills, high rise buildings, and other facilities where construction materials or equipment were the basis of the claim.

Delay and Acceleration Claims

We have represented owners, contractors, and design professionals in connection with claims involving increased cost of performance, acceleration and delay of numerous projects, including public projects, semiconductor manufacturing facilities, grain mills, school projects, wastewater treatment plants, and other commercial and industrial facilities.

Diversion or Concentration of Surface Water Cases

We have represented owners and design professionals in numerous cases where the claimants alleged that the design or construction diverted or concentrated the surface water run-off in violation of the Texas Water Code.

Equitable Adjustment Claims

We routinely assist owners, design professionals, contractors, subcontractors, and suppliers in the preparation, prosecution, and defense of claims for equitable adjustment to the contract’s price or delivery schedule.  Such claims have involved changes, delays and accelerations, differing site conditions, value engineering, construction defects, terminations, and virtually every other type of construction-related claim.

Personal Injury

 We have represented numerous clients in connection with various claims involving personal injury or death.

• Accidents Involving Personal Injury or Death - We have represented clients in cases involving the deaths of workmen or other third parties.  We also have defended several design professionals against claims by construction workers who alleged that their jobsite injuries were due to defective design.  In addition, we have counseled clients during OSHA investigations and investigations conducted by insurance companies and risk managers.
• Sick Building Syndrome/Mold - We have represented design professionals against claims that defects in the design and construction of the building and the HVAC system created a “sick” building or resulted in “indoor air pollution.”  In addition, we provide counsel to property owners, tenant associations, builders and architects and engineers in connection with the investigation and remediation of properties with mold infestation.
• Slip and Fall - We have represented several design professionals who were sued by individuals who claimed that their injuries were caused by defective design and/or defective floor materials.

Mechanics’ Liens and Bond Claims

Our attorneys have extensive experience in preparing, filing, prosecuting and defending mechanics' liens and surety bond claims.

Fee Disputes

We have represented numerous design professionals and contractors in connection with their efforts to recover fee payments for services on public and private projects.

Surveyor Claims

We have represented several surveyors in connection with allegations of negligence in the preparation of surveys.

Bid Protests

We have represented public contractors and owners in connection with bid protests on public construction projects.

PUBLIC CONTRACTS

Members of the group have experience in a variety of construction related matters before the State of Texas and local governmental entities. This practice includes matters involving contract formation, bid protests, equitable adjustment claims involving changes, delays, differing site conditions, value engineering and terminations.

RISK MANAGEMENT

We have extensive experience regarding loss prevention and risk management. We have represented and advised numerous clients regarding indemnity, subrogation, additional insured, commercial general liability, third party actions, and contractual risk management issues.

REGULATORY AND ADMINISTRATIVE MATTERS

Administrative Law

We have advised numerous clients in connection with licensing and other matters involving various State of Texas and federal agencies, including the Texas Board of Architectural Examiners, Texas State Board of Registration for Professional Engineers, and Texas Board of Insurance.

Americans with Disabilities Act

We have counseled clients regarding the ADA Accessibility Guidelines and its Texas counterpart, the Texas Accessibility Guidelines, and have handled numerous claims, involving building accessibility and compliance with the ADA. We have also represented clients in connection with enforcement proceedings undertaken by the Texas Department of Licensing and Regulation and similar regulatory agencies in several other states.