Brown McCarroll Attorneys at Law

Companies and professionals in the construction industry face significant risks. Judgment calls made under budget and schedule pressures, involving multiple project participants, physical labor and heavy equipment can lead to disagreements, human error and accidents.

Our construction attorneys help reduce your risk on three fronts. Pre-project we review contracts and advise you on terms and conditions that will protect your rights and insulate you from potential liability. During the project we are available to consult and help deflect or resolve legal issues that arise. And when disputes escalate, our attorneys effectively represent your interests in negotiation, mediation, arbitration and litigation.

Industry Knowledge

There is a lot to think about when embarking on a construction project─the economics, project delivery systems, safety, environmental challenges, labor issues, security and confidentiality, and of course the quality of the structure. The last thing you want to deal with are any disputes that arise. Our construction attorneys can provide knowledgeable representation in these and other matters, such as contract details and regulatory issues.

We have years of experience representing key players in the construction process:

• Owners and developers
• General contractors (from road and bridge construction companies to homebuilders)
• Design professionals (including architects and engineers)
• Subcontractors
• Material suppliers
• Lenders

As a result, we are familiar with the practices and traditions of the construction industry, and use that familiarity to fashion creative, responsive solutions to our clients’ challenges.

We have handled hundreds of construction disputes in mediation and at trial and are regularly asked to speak at seminars and publish articles on construction law issues.

Clients hire us because of our industry knowledge, but our personal attention is the reason why many of our clients have been loyal to us for over 20 years.

General Counseling and Contracts

The contracting process requires some give and take, but on which provisions should you make concessions, and on which should you hold your ground? Our construction attorneys leverage their in-depth experience to advise you on specific provisions and help you proactively address potential future issues.

Often we take standard American Institute of Architects (AIA) contract terms and customize them to particular projects, whether from the perspective of the owner, the design professional or the contractor.

We regularly advise our clients on project delivery methods, bidding and procurement issues, the change order process, and many other construction contracting issues.

Government Contracts

We help clients on all sides of procurement issues in public construction contracts. This includes asserting and defending against protests over the contract award processes. Our effectiveness rests on our extensive knowledge of federal rules of contracting and the bid procedures in Texas where requirements differ among state agencies, municipalities and school districts.

Governmental entities such as municipalities, counties and school districts seek our advice on statutory requirements and proper drafting of requests for proposals to build structures and highways.

Our work includes helping a Texas municipality develop a design-build project procurement strategy for a multi-million dollar special event center. We have also advised a Texas college on a substantial re-scoping of its contracts for a major new campus development.

General contractors seek our guidance on how best to make effective bids for work on government construction projects.

When resolution outside the courtroom is not possible, we litigate federal government contract disputes in the U.S. Court of Federal Claims.

Construction Litigation

Because of their complexity, even the best planned construction projects can lead to litigation. Any litigation over alleged negligent errors or omissions can involve a wide range of parties and impair your project. We understand the toll this takes on you, and work to resolve your disputes as quickly as possible without compromising your interests.

Our construction litigation attorneys help clients resolve many different issues, including:

• Construction defects
• Warranties
• Design errors
• Cost overrun disputes
• Contract disputes
• Delay damages
• Site condition changes and change orders
• Architect and engineer malpractice claims
• Claims related to Deceptive Trade Practices Act

We are aggressive litigators when it is in the best interest of our clients, and have come up with creative ways to resolve matters before trial when prudent to do so.

Mechanic’s Liens and Bonds

Mechanic’s liens protect contractors against non-payment, but your rights are not always clear cut. We can help you determine whether lien claims are legitimate and enforceable, counsel you on notice requirements and lien priorities, and protect your rights in foreclosure sales and court proceedings.

Our attorneys routinely advise clients on mechanic’s liens regulations, including:

• Texas Property Code – governs liens related to private construction in Texas
• McGregor Act – provides for payment bonds to protect subcontractors and suppliers on State public works and projects for political subdivisions and municipalities
• Miller Act – requires general contractors in federally funded construction projects over $100,000 to provide a surety bond to assure subcontractors and suppliers are paid

Operational and Regulatory Matters

Our construction attorneys draw on our firm’s full resources to address the various issues our construction clients face.  

Our construction attorneys work closely with our environmental team to help clients secure permitting and tackle contaminated property challenges. We also represent companies in matters involving Occupational Safety and Health Act (OSHA) and other laws governing on-site health and safety.