Dallas Construction Litigation Attorney
Construction projects are renowned for generating conflicts, disputes and claims, and conflict is often a part of the construction process. In Dallas real estate development, those disputes tend to surface when time, money, and performance collide. Major drivers include construction defects tied to workmanship or design errors, payment disputes involving change orders and unpaid invoices, project delays, and breach of contract. Projects also involve layered participants, which can include owners, developers, general contractors, subcontractors, suppliers, architects, engineers, banks, sureties, and insurance companies.
Construction litigation often becomes necessary when project expectations are unmet and the governing contract documents do not deliver a workable path to resolution. Many contracts require mediation or arbitration, and those processes can be effective when the parties have a clear record of scope, schedule, and payment events. Construction disputes are also heavily document-driven. Success often depends on contemporaneous records such as contracts, plans and specifications, submittals, emails, daily logs, pay applications, and change order histories.
Roquemore Skierski PLLC represents parties in commercial construction disputes in Dallas and across Texas. Our Dallas construction litigation attorneys defend clients claims with a focus on presenting a coherent, contract-based narrative supported by project records and technical proof.
Types of Construction Litigation Matters Our Attorneys Handle
Construction litigation can range from narrow payment issues to multi-party disputes involving design, workmanship, materials, scheduling, and risk transfer. The construction litigation attorneys at Roquemore Skierski PLLC handle a range of litigation matters connected to residential and commercial real estate projects, including:
- Breach of contract claims
- Construction defect claims
- Warranty claims
- Mechanic’s liens
- Bond and surety disputes
- Payment disputes
- Delay and disruption claims
- DTPA violations
- Breach of fiduciary duty claims
- Construction fraud and misrepresentation
- Architectural or engineering disputes
- Indemnity and insurance disputes
- Mediation and arbitration proceedings
Our construction litigation attorneys can handle construction defects too
Construction defect disputes arise when construction work, design work, materials, or project supervision fail to meet contract requirements, applicable codes, or manufacturer standards. In commercial real estate, defect claims are often intertwined with occupancy deadlines, lender requirements, tenant demands, and ongoing operations, any of which can increase both the urgency and the cost of missteps. Defects may be apparent on reasonable inspection, or they may be latent and surface later through water intrusion, structural movement, or building system failures.
Construction defect litigation frequently includes multiple responsible parties, and liability can depend on whether the issue stems from workmanship, design decisions, or defective components. Commercial contracts also frequently allocate and shift risk through indemnity provisions, insurance requirements, and additional insured obligations, which can influence who must defend the claim and how the cost of repair is allocated.
Defect disputes also commonly involve:
- Functional defects, where an element does not work properly, including leaks and excessive settlement
- Failure to meet performance criteria, where specifications require an outcome rather than a method, such as ventilation or water resistance standards
- Building code violations, which can constitute a defect even when the installed work appears to function
- Diminished useful life, where a component deteriorates earlier than expected
- Sudden failures, where collapse or other catastrophic events create immediate loss and exposure
Roquemore Skierski PLLC’s Dallas construction litigation attorneys approach construction defect litigation with an emphasis on causation, responsibility, and proof of damages aligned with the project or development.
When a construction defect evolves into a contractor dispute
Contractor dispute litigation involves legal action to resolve conflicts like construction defects, nonpayment, or other breaches of contract, ranging from small claims court to complex civil lawsuits. Resolving these often requires documentation, mediation, or arbitration, as litigation is costly.
Contractor disputes in real estate development projects commonly include:
- Change order disputes involving authorization, pricing, constructive changes, and scope
- Schedule disputes involving delay, acceleration, or disruption
- Payment disputes involving contested applications, withheld funds, and back charges
- Default and termination disputes
- Differing site condition disputes
- Mechanic’s lien filings and lien defense connected to payment conflicts
- Bond and surety disputes when performance or payment bond rights are implicated
- Mediation and arbitration proceedings mandated by contract
The construction litigation attorneys at Roquemore Skierski PLLC represent owners, developers, general contractors, subcontractors, suppliers, and other project participants in these disputes, with a focus on presenting a coherent record of contract requirements, project performance, and damages.
How our team resolves business disputes, from start to finish.
We review the governing documents, build a factual timeline, gather key evidence, confirm deadlines, and align the legal approach with the client's business objectives.
We send a strategic demand letter identifying the dispute, proposing solutions, and setting a deadline. When assets or trade secrets are at risk, we seek immediate court relief to prevent further harm.
We pursue negotiation or mediation where productive, while continuing to preserve evidence and develop the case so leverage remains intact if settlement efforts do not succeed.
If a resolution is not reached, we file suit, use focused motions and discovery to narrow the dispute, present the case at trial, and enforce any favorable judgment.
A three-party dispute among a homebuilder, our client, and the construction lender on a $3.8M custom build. We pursued temporary restraining orders, expedited discovery, and depositions to protect the client’s position.
A homebuilder accepted more than $600,000 in deposits, missed deadlines, and left numerous defects flagged by an independent inspector. We pursued and recovered damages for the unfinished work.