Law Office of Tom Murphy Austin TX Business Litigation Attorney | Construction 2026-06-01T16:38:09Z https://www.tommurphyslaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1602285/2021/03/cropped-Favicon-32x32.png On Behalf of Law Office of Tom Murphy <![CDATA[When a home retains traces of methamphetamine production]]> https://www.tommurphyslaw.com/?p=47529 2026-06-01T16:38:09Z 2026-06-01T16:38:09Z Disclosures are often legally necessary Methamphetamine contamination can make a property unsafe for occupants, especially for those with underlying health conditions and families with young children. Most sellers with knowledge of existing methamphetamine-related property contamination must make full disclosures to prospective buyers about those known property issues. The failure to disclose those issues could constitute a violation of the law that warrants a lawsuit against the former owner of the property. Even investors intending to repair and flip a home or rent it to others must know of chemical contamination in advance. Otherwise, they may overpay and could assume liability if the property causes health issues for future tenants or buyers. Reviewing recently-discovered contamination issues with a real estate attorney can help concerned property owners understand their rights. In cases where failure to disclose resulted in people overpaying for a dangerous property, real estate litigation can help them address remediation expenses and other losses.]]> On Behalf of Law Office of Tom Murphy <![CDATA[5 ways an easement can be terminated]]> https://www.tommurphyslaw.com/?p=47528 2026-05-20T13:24:46Z 2026-05-20T13:24:46Z Easements give one party the legal right to access or use part of another party’s land. These agreements commonly involve shared driveways, utility access routes or temporary construction access between neighboring properties. Many property owners assume easements last forever once they are created. While some easements remain permanent, certain legal or factual changes may bring those rights to an end over time.

1. Temporary easements reach their expiration

Some easements are created for limited purposes and specific time periods. For example, a temporary construction easement may allow access to neighboring property only while repairs or development work is underway. Once the project is completed or the agreed time period expires, the easement may terminate automatically under its original terms.

2. One owner acquires both properties

An easement may also end when the same person becomes the owner of both the benefited property and the burdened property. Since one owner now controls both parcels, the separate access rights created by the easement may no longer serve a legal purpose. This situation sometimes occurs after neighboring properties are sold or combined under common ownership.

3. Written release of easement rights

The holder of an easement may voluntarily agree to give up those rights through a written release. Property owners often record these agreements formally so future buyers understand that the easement no longer exists. Without proper documentation, disputes may later arise regarding whether the easement was actually terminated.

4. Abandonment of easement use

Simply failing to use an easement for a period of time does not always terminate it automatically. However, courts may consider whether the easement holder clearly intended to abandon those rights through actions showing permanent nonuse. Evidence involving property changes, blocked access or written statements may become important in these disputes.

5. Government action affecting the property

Government condemnation or public safety action may also terminate an easement in certain situations. For example, if authorities close or condemn property because of environmental hazards or safety concerns, continued easement access may become impossible or legally prohibited. Easement disputes can affect property value, land use and access rights between neighboring owners. Because these issues often involve detailed property records and real estate law principles, seeking legal guidance may help you better understand your rights and avoid future disputes involving your property.]]> On Behalf of Law Office of Tom Murphy <![CDATA[What makes all or part of a contract “unconscionable?”]]> https://www.tommurphyslaw.com/?p=47527 2026-05-05T18:14:37Z 2026-05-05T18:14:37Z All contracts need to be fair to all parties to be held up in court if they’re ever challenged. That goes for everything from personal contracts like prenuptial agreements to business agreements of all kinds – including construction contracts. If all or part of a contract significantly favors one party to the detriment of the other(s), it can be considered “unconscionable” and ruled invalid in court. It may also be possible to modify a problematic provision rather than delete it. When all parties to a contract have sound legal representation as they craft and negotiate contracts, they aren’t likely to have unconscionable provisions in them – either ones that favor or harm them. It’s crucial to avoid using contract templates and reusing contracts.

Elements of unconscionability

The term “unconscionable” doesn’t have an official legal definition. There are, however, recognized “elements of unconscionability.” These include the following:
  • Extremely one-sided terms
  • Clauses that are open to misinterpretation or able to be interpreted in multiple ways
  • An imbalance of power between or among the parties
  • The use of duress or coercion to get a party to sign the contract
  • Unreasonable limitation of liability for one party
  • Unnecessarily punitive consequences
  • Lack of opportunity to negotiate
  • Unequal bargaining power
  • Waiver of essential rights
Unconscionability doesn’t always occur in contracts between large and small businesses, even though there can certainly be an imbalance of power and resources. It’s critical not just for smaller businesses to protect themselves from unconscionable elements in a contract.  Larger, more established businesses need to take care to avoid them. They can harm their reputation, bring about regulatory scrutiny and open them up to litigation. All construction professionals benefit from having an experienced representative involved in all of their contracts.  ]]> On Behalf of Law Office of Tom Murphy <![CDATA[3 outcomes when a contractor leaves a job midway through in Texas]]> https://www.tommurphyslaw.com/?p=47526 2026-04-30T09:50:26Z 2026-04-30T09:50:26Z What happens when mid-project, your contractor stops showing up?. No one returns your calls and work sits unfinished. If this has happened to you, the financial and emotional weight of the situation can feel overwhelming. Texas law gives homeowners in your position more options than you may realize. Here is a look at three outcomes that commonly follow when a contractor walks off the job.

Unpaid subs and suppliers may come after your property

When a general contractor abandons a construction job, the contractor often leaves unpaid subcontractors and material suppliers behind. Under Texas law, those parties have the right to file a mechanic's lien directly against your property. This can happen even if you never hired them. Subcontractors and suppliers generally must file liens by the 15th day of the third month after their last work or delivery, though deadlines vary by project type. Understanding this timeline helps you take the right steps before a lien claim can take shape.

You likely have grounds for a breach of contract claim

Walking off a job mid-project generally qualifies as a material breach of contract under Texas law. That breach can give you the right to recover damages, typically the added cost of hiring a replacement contractor to finish the work. Written construction contracts in Texas carry a four-year statute of limitations under Texas Civil Practice and Remedies Code Section 16.004. A clear record of the unfinished work can strengthen your position if you decide to pursue a claim.

The contractor's license or bond may be another avenue

Depending on the scope of work, your contractor may hold a license through the Texas Department of Licensing and Regulation (TDLR). Licensed contractors are required to carry a bond, which can serve as a direct recovery avenue outside of a construction lawsuit. You also have the option to file a complaint with TDLR, which has the authority to investigate and discipline licensed contractors. Most residential general contractors in Texas do not require a state license, though specialty trades do, so checking your contractor's status early is a worthwhile step.

You should not be left holding the bill

Texas law gives you real tools to address this situation, but some of those tools carry deadlines. Lien filing windows and statutes of limitations in Texas can close faster than you may expect. Legal support can review your specific circumstances and help you understand what your options may look like before time runs out.]]> On Behalf of Law Office of Tom Murphy <![CDATA[Is your neighbor allowed to trim your tree?]]> https://www.tommurphyslaw.com/?p=47525 2026-04-17T12:36:54Z 2026-04-17T12:36:54Z When you purchased your home, it already had a number of beautiful trees on the property. They are over 100 years old and have been there since long before you were involved – and you expect them to be there long after you’re gone. They are a fundamental part of the property and one of the reasons that you purchased it. However, your neighbor does not see them in the same positive light. Maybe they get frustrated about leaves falling into their yard or branches overhanging their property and causing shade or even hazards. If those branches were to break off and fall on a home or a garage, they could cause significant damage. Is your neighbor allowed to trim your trees?

Up to the property line

This is a very common type of boundary dispute between neighbors. One person will want to trim the tree, and the other will tell them to stay away from their property. In Texas, the general rule is that a person can trim trees that are on someone else’s property, but they can only do so up to the property line. If there are branches overhanging your neighbor’s garage, for instance, they can cut them back to the property line or the fence. However, even when doing so, it is important that they do not inherently damage the tree. They must be careful to simply trim back the offending branches, but they could be liable for damage if they harm the tree so that it dies, or if they trim branches far beyond the property line, crossing onto your property to do so.

Navigating a dispute

This is just one example of a potential boundary dispute. It can be complicated to address these kinds of conflicts with neighbors, so it is important to understand your legal rights as a property owner.]]> On Behalf of Law Office of Tom Murphy <![CDATA[Is a private pond stocked with caught fish fair game for fishing?]]> https://www.tommurphyslaw.com/?p=47524 2026-04-03T11:21:48Z 2026-04-03T11:21:48Z receive around 40 million fish each year to encourage sporting across the state and ensure consistent revenue from licenses. Sometimes, those who catch fish on public land may transport the live fish they caught to private ponds that they intend to fish themselves. Can other fishermen with licenses fish at locations technically stocked with fish provided by state authorities?

Private property rules apply to fishing ponds

Navigable waterways are theoretically accessible to members of the public, even if property owners do not want anyone near their land or homes. However, landlocked water is a different matter entirely. Private ponds and small lakes entirely enclosed by private property are generally not accessible to the public without the owners’ permission. Even if neighbors are aware that a property owner has caught and relocated publicly-stocked fish from local waterways to their private pond for future fishing, that conduct does not invalidate the private property protections of the landowner. Attempting to fish without permission could lead to a dispute with a neighbor and possibly even legal consequences. Those facing water access controversies may need help understanding the nuances of Texas state statutes. Reviewing a disagreement with a legal professional can help property owners and fishermen understand their legal rights.]]> On Behalf of Law Office of Tom Murphy <![CDATA[When an outside party abandons use of an easement]]> https://www.tommurphyslaw.com/?p=47523 2026-03-14T20:26:42Z 2026-03-14T20:26:42Z Abandonment claims are complex In some states, statutes or prior court rulings establish a clear timeline for easement abandonment claims. If a property owner or utility company does not make use of an easement for a set number of years, proving in civil court that they abandoned the easement is possible. The owner of the property with the easement attached can petition the courts to extinguish or terminate the easement on the basis of abandonment. Texas does not have a specific timeline for abandonment claims. In fact, easements theoretically persist indefinitely, even after years of an owner failing to utilize their easement rights. The property owner seeking to extinguish the easement typically has to prove in court that the easement holder has no intention of using that right ever again to make a viable abandonment claim. Reviewing the language of the easement itself with a skilled legal team can help property owners understand their options for extinguishing an existing easement. A lawyer familiar with Texas real estate disputes may be able to help property owners explore potential solutions for easement issues accordingly.]]> On Behalf of Law Office of Tom Murphy <![CDATA[6 common types of claims that can derail your project]]> https://www.tommurphyslaw.com/?p=47520 2026-03-10T17:30:33Z 2026-03-04T15:20:23Z Projects can run into different types of claims that affect timelines and costs. As a contractor in Texas, these may include express warranties, implied warranties or other disputes with homeowners, developers or subcontractors. Knowing common claims helps you stay prepared and keep your work on track.

Recognizing common claims and disputes contractors face

Projects can run into different types of claims that affect timelines and costs. In Texas, some claims are warranty issues. Others involve contracts or performance. Common examples include:
  • Breach of express warranty: Failure to meet the terms written in a contract or warranty document
  • Implied warranty of good workmanship: Work that does not meet reasonable industry standards or expectations
  • Product liability claims: Materials that fail or cause damage, which may involve the manufacturer or supplier
  • Negligence claims: Property damage, personal injury or negligent construction may sometime go alongside warranty or contract disputes
  • Contract disputes: Disagreements over payment, scope or deliverables outside warranty terms
  • Misrepresentation claims: Claims about past work or skills that are inaccurate
These claims can slow your project and increase costs. Seeing them early and understanding their nature can help you respond more effectively and keep the project moving.

Minimizing costs and delays on your projects

Managing claims starts with awareness and planning. Projects that define warranty obligations clearly and document completed work usually face fewer surprises. Recording communications and noting how issues are fixed can help if questions come up. Legal counsel may also help you understand how Texas law defines warranty periods and contractor duties. Construction disputes may also turn on limitations. This sets the time to file a lawsuit after a claim arises. Repose creates a hard cutoff tied to substantial completion. Approaching claims with this perspective can make it easier to keep projects on schedule and control costs.

Protecting your project and your bottom line

Every project carries some risk, but understanding common claims and disputes helps you stay prepared. Being aware of Texas-specific obligations can reduce surprises and keep costs manageable. Handling issues carefully helps you keep projects on track and stay in control. Staying focused on these practices supports both your reputation and the quality of your work.]]> On Behalf of Law Office of Tom Murphy <![CDATA[How construction material storage issues cause later mold issues]]> https://www.tommurphyslaw.com/?p=47521 2026-03-03T17:59:42Z 2026-03-03T17:59:42Z Issues during construction projects can lead to mold growth inside a structure after the completion of the project. Mistakes when installing windows and doors can lead to inadequate seals that allow for moisture incursion. Problems with the plumbing can introduce moisture within walls and cause mold growth.  Other times, doors and windows all shut properly, and pipes do not leak. However, construction professionals may actually still be at fault for the dangerous mold that develops inside the structure after a project.  In cases where there are not egregious construction mistakes regarding the finished project, improper material storage before and during construction work could explain later mold growth. 

Protection from the elements is critical

Various materials used in construction projects, ranging from sheets of drywall to lumber, can retain moisture for days or possibly even weeks, depending on the level of exposure. Construction crews often cannot wait indefinitely for materials to dry out completely after their exposure to a rainstorm or similar incident.  However, if they install lumber and other materials previously exposed to moisture, the water content inside the materials can fuel future mold growth. It could be weeks or even months before the issue becomes visible to the property owner, and they may have already suffered medical issues from mold exposure at that point.  Proper material storage is critical for the prevention of water incursion and the safety of the finished project. In cases where moisture and materials triggered later mold growth, frustrated clients may have grounds for a construction defect claim.  Reviewing company practices and the history of mold growth at the property can help owners understand their options. Proper records of company practices can protect businesses from construction lawsuits. Property owners and business leaders may need guidance during a dispute related to mold growth. ]]> On Behalf of Law Office of Tom Murphy <![CDATA[Do sellers have to disclose a death in a home?]]> https://www.tommurphyslaw.com/?p=47519 2026-02-24T08:35:27Z 2026-02-24T08:35:27Z Buying or selling a home often comes with questions about square footage and price. Less expected are concerns tied to a property’s past, which can feel personal or unsettling even when they have no effect on the home itself. For sellers, this can raise uncertainty about what must be shared and what can remain unsaid. For buyers, it can lead to surprise and frustration when learning details after the deal is done.

Disclosure of deaths in a home under texas law

In Texas, sellers are generally not required to disclose that someone died in a home. State law focuses disclosure obligations on the physical condition of the property, such as structural problems or known defects, rather than on events that occurred inside it. As a result, a death in the home does not automatically trigger a legal duty to inform a buyer. That said, this does not mean sellers have complete freedom to remain silent in every situation. If a buyer directly asks whether a death occurred in the home, the seller and the real estate agent must answer truthfully. Providing false information or intentionally misleading a buyer can create legal exposure, even if the underlying fact did not have to be volunteered in the first place. The issue can become more complicated depending on the circumstances surrounding the death. In real estate, a material fact is any information that could significantly affect a reasonable person's decision to buy or sell or influence the price they are willing to pay. For example, if the event resulted in a physical condition that affects the property, such as structural damage or contamination, that condition may need to be disclosed regardless of its cause. Additionally, a murder that occurred in the home must be disclosed if the seller has knowledge of it. This duty applies even if the murder took place before the seller owned the property, so long as the seller is aware of the event at the time of sale. If you are facing questions or disagreements about disclosure obligations in a real estate transaction, speaking with a legal professional can help you assess your options and protect your interests.]]>