Fewer than 20 Austin area lawyers are Board Certified in Construction Law by the Texas Board of Legal Specialization – it’s the most advanced construction law certification available. To become board certified, a lawyer must demonstrate a history of substantial practice in the area of construction law. After qualifying, the attorney must pass a comprehensive day-long examination that covers volumes of materials, statutes, and laws.
Tony Ciccone became Board Certified in 2018 and he leads Bollier Ciccone LLP’s construction law team.
Tony is also rated AV Preeminent by Martindale-Hubbell. Martindale describes these lawyers as an “elite group” of attorneys with “strong legal ability and high ethical standards” based on evaluations by peers regarding legal knowledge, analytical capabilities, judgment, communication ability, and legal experience.
Bollier Ciccone LLP’s represents numerous contractors, subcontractors, material suppliers, owners, architects, designers, and construction contractors of all shapes and sizes.
Construction Law in Austin, Texas
When a dispute arises with your contractor, you need an attorney with composure, collected thoughts, and knowledge about construction law.
Construction and Defect Litigation
The unfortunate fact of the matter is that many builders and contractors have a reputation for aloofness when responding to customer complaints. If you need to file a claim against your contractor, Bollier Ciccone can assist with defective workmanship or design issues.
When you hire a contractor or builder for a job, you expect that they will carry out the work professionally. If their work fails to live up to these expectations, you could have a case on your hands. Keep in mind that under construction law in Austin, Texas, a 2-4 year statute of limitations begins when the owner could have reasonably found the defect.
Along with the expectation that your contractor works professionally, you might also expect that they should finish within a reasonable amount of time. Though contractors can’t prevent delays such as inclement weather or a shortage of materials, excessive delays are inexcusable. In the event of extended delays, you may be able to file for damages.
Bollier Ciccone can help you with delay disputes and guide you through each step you will need to take against your contractor. Property owner damages may include increased financing fees or increased cost of construction.
Texas Construction Trust Fund Act (CTFA)
At Bollier Ciccone, we can handle quite an array of Texas Construction Trust Fund Act cases. If you have a builder or contractor that has failed to pay its subcontractors, failed to use project funds to cover project costs, or abandoned a project entirely, you may have a case that falls under the CTFA umbrella.
If your contractor or builder violates the Texas Construction Trust Fund Act, they may end up being charged with a felony. However, suppose there is an issue between your contractor and their subcontractor. In that case, you may want to know that only in rare cases is the homeowner obligated to pay for the subcontractors’ work.
Many construction disputes progress through mediation, either voluntarily or by court order. For instance, if you file a claim for construction defects, and the repairs are more than $7500, the court may move for you to mediate outside of court. If you need representation through the mediation process, Bollier Ciccone can help.
While some parties can settle issues through mediation, sometimes, the two parties cannot agree. In these situations, the case is typically taken back to court to appear before a judge again. No matter where you are in your mediation, Bollier Ciccone is on your side.
Another alternative to court that you may find as a solution for a dispute with your contractor may be arbitration. In the arbitration process, an arbiter or group of arbitrators will decide on a solution for the conflict and render an arbitration award. This award is legally binding.
Like the mediation process, you can enter arbitration either on a voluntary or mandatory basis. In the event that you begin the arbitration process with your contractor or builder, Bollier Ciccone can represent you and fight for the best possible outcome.
In times where a contractor fails to pay their subcontractors for work or fails to pay those subcontractors with funds allocated specifically for the project, you may want an attorney. Under construction law in Austin, Texas, subcontractors should receive a payment within seven days after the homeowner has paid for the services.
Disagreements between contractors and subcontractors is an unfortunate yet common dispute that occurs when dealing with residential construction. If you find yourself stuck in between your contractor or builder and their subcontractors, Bollier Ciccone can fight to preserve your rights. Contact us today to review your case and speak about what we can do for you.
Breach of Contract
Some situations constitute a breach of contract that you may not have been aware of previously. Defective and delayed workmanship may qualify for a claim for damages due to a breach of contract. Contractors that fail to honor express warranties and, more obviously, contractors that abandon projects after receiving payment may have breached the contract.
No matter what type of breached contract you are having a dispute about, Bollier Ciccone can assist you. When you pay for work from a contractor, you enter into an agreement for the work you have planned. We believe you should have that work completed on time once you sign the contract, and we will fight for your rights.
Breach of Warranty
In the event that your contractor refuses to honor express or implied warranty of habitability, you may be eligible for damages under the Deceptive Trade Practices Act. Under this act, you could potentially claim economic damages three times greater than the amount of the actual damage. Additionally, the DTPA expands your eligibility for damages beyond that of the work.
For example, you can potentially claim damages for mental anguish caused by the breach of warranty. These claims can be challenging to navigate, and only an attorney who is well-versed in construction law, such as those at Bollier Ciccone, should handle them.
Liens and Bond Claims
If a contractor has filed a lien against your property, you may need to find an attorney that can act fast. Without vast knowledge of construction law in Austin, Texas, your problem may escalate quickly. The attorneys at Bollier Ciccone can help you review your lien documents to determine if they are in line with the Texas Property Code.
Lien laws can be difficult to understand without prior experience with construction law. Because of their tricky nature, people can easily file invalid liens. We can help you know if your lien is valid and how to remove it if it is not.
Sometimes, merely winning an arbitration award or judgment for your case is not the end of your claim’s life. After the dust has settled, you are still left needing to collect the assets that are due to you. In these types of collections cases, Bollier Ciccone can fight for you until we satisfy debts owed to you.
If you are unable to collect your debts, our attorneys can represent you in any post-judgment proceedings that may occur.
Texas Residential Construction Liability Act (RCLA)
Under the Texas Residential Construction Liability Act, there are specific steps that you must take when you decide to enter into a lawsuit concerning construction defects. While dealing with a lawsuit with your contractor can be a lengthy and frustrating process, Bollier Ciccone is here to represent you along the way.
Occasionally, there may be a limit to damages if you reject a reasonable offer. When Bollier Ciccone represents you, we can clearly explain these types of issues you may run across so that we work toward the best possible outcome.
Bring your case to Tony and his team for a straightforward evaluation of your case strengths and weaknesses. We cannot guarantee whether you will win or lose, but you’ll understand the process and exactly what you’re up against, as well as what to expect.