Law Office of Tom MurphyAustin TX Business Litigation Attorney | Construction2026-10-13T16:04:21Zhttps://www.tommurphyslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1602285/2021/03/cropped-Favicon-32x32.pngOn Behalf of Law Office of Tom Murphy<![CDATA[Callback warranties vs. vendor warranties]]>https://www.tommurphyslaw.com/?p=476592026-10-13T16:04:21Z2026-10-13T16:04:21ZConstruction warranties can sometimes lead to disputes and conflicts. These can revolve around when the warranty applies, who has to satisfy it and when that warranty may expire.
There are many different types of warranties, and two of the main ones are known as callback warranties and vendor warranties. The type of warranty in play can significantly alter the course of the dispute or negotiation.
Callback warranties
A callback warranty is for the company that did the construction. Perhaps they built a new commercial property, and a business owner moved in. While setting up the new business, they discovered significant defects with the work.In such a case, the owner can contact the construction company, inform them of the defect and ask them to either repair the issues or replace the necessary parts. If there truly is a defect, the construction company is liable for making these changes because they did not do the job correctly in the first place.
Vendor warranties
A vendor warranty, on the other hand, comes from the company that manufactures or sells a specific product. That company may have to replace a product that does not work, and the liability does not fall on the construction company.For instance, perhaps the commercial property is meant to be a restaurant, and the construction company installed industrial ovens. One of the ovens is defective and does not function. It was installed correctly, but it was poorly manufactured so that it cannot be used. The oven manufacturer is liable, rather than the company that did the installation.This helps to demonstrate how warranties apply and shows some of the reasons conflicts or disputes can arise. Those involved need to be well aware of their legal options.]]>On Behalf of Law Office of Tom Murphy<![CDATA[Patent vs. latent construction defects]]>https://www.tommurphyslaw.com/?p=475952026-09-29T16:43:50Z2026-09-29T16:43:50ZConstruction defects often lead to disputes. The dispute could revolve around who is liable for the defect and what steps need to be taken to rectify it. In other cases, one party will claim there is a defect and the other will claim that nothing is wrong with the project, so the dispute simply centers around determining if further action needs to be taken at all.
There are two main types of defects, which are known as patent and latent defects. The type of defect can have a significant impact on the nature of the dispute.
Patent defects
A patent defect often involves issues like poor workmanship or the use of incorrect materials. It could also involve construction plans or designs not being followed appropriately.The key is that these defects are typically fairly obvious. As soon as someone sees the property, they can tell that there is an issue that needs to be resolved. It gets addressed almost immediately.
Latent defects
What makes a latent defect different is that it is typically hidden. This does not mean that one party has hidden it intentionally, but simply that the nature of the defect means it is less obvious.This is common in construction projects because so much of the work is not visible to the naked eye. Electrical lines, HVAC systems and plumbing pipes are all hidden within the walls. Defects may become clear over time, but they are not immediately obvious when someone walks through the property.
Resolving a dispute
In either of these cases, disputes can be legally complicated and may involve large sums of money. It is important for those involved to understand what steps to take.]]>On Behalf of Law Office of Tom Murphy<![CDATA[When does a property owner need a temporary injunction?]]>https://www.tommurphyslaw.com/?p=475442026-09-19T19:20:52Z2026-09-19T19:20:52ZA temporary injunction may prevent things from proceeding while a Texas court considers the underlying dispute.
Avoiding irreparable, imminent harm
Temporary injunctions are generally reserved for situations where there is the potential for irreparable harm if an action is allowed to proceed while the issue goes to trial.
A temporary injunction does not decide the case. Instead, it generally preserves the status quo and keeps one party from causing damage that cannot be adequately undone if they lose the legal battle. A property owner might need an injunction to prevent someone from:
Blocking or interfering with access to the property or an easement
Removing trees, soil, rocks, ponds or other unique property features
Routinely entering the disputed land to hunt, forage or do other activities
Diverting streams or contaminating water that is part of the property
Building or demolishing something on the property without permission
Developing an adjacent property in a way that diminishes their property’s value
Some property damage can be measured in dollars. Other losses are not so simple. A financial award months later might not be enough to compensate an owner for the destruction of mature trees, for example.
Ultimately, a temporary injunction may become permanent if the party requesting it is successful in their lawsuit. A temporary injunction is usually a short-term emergency measure in response to a real, documentable and imminent threat.
When permanent, negative changes to your property are about to happen, waiting can severely limit the available solutions. An experienced real estate attorney can evaluate the urgency, gather the necessary evidence and ask the court for an order aimed at preventing further harm.]]>On Behalf of Law Office of Tom Murphy<![CDATA[How subcontractors can cause delays in a construction project]]>https://www.tommurphyslaw.com/?p=475402026-09-05T03:37:23Z2026-09-05T03:37:23ZTypically, a construction project involves several subcontractors hired by the general contractor. This includes site preparation, concrete, framing, drywall, electrical, plumbing, HVAC, roofing, flooring and painting subcontractors.
A subcontractor is required to work as outlined in their contract. But this is not always the case. Disputes between the general contractor and subcontractors are not uncommon. One of the reasons behind such disputes is delays. A subcontractor may delay completing their work due to:
Poor scheduling
Poor scheduling or the lack of a coordinated master schedule can cause a subcontractor to arrive on site before prerequisite tasks are complete, or subcontractors to step on each other. For example, when a large duct is installed by an HVAC subcontractor, preventing a framing subcontractor from raising top tracks to the deck. Out-of-sequence work can lead to trades not accessing the site or tasks needing to be redone. The general contractor is often held responsible for disruption caused by this factor. However, in some cases, a subcontractor may be responsible. For instance, when they ignore the master schedule, installing a system out of order.
Labor shortage
Subcontractors usually have workers in different active projects at a time. Spreading workers too thin across multiple sites can lead to labor shortages or result in workers splitting time across projects. This can slow down daily progress.
Material delays
A subcontractor who orders materials late or misses delivery windows is unlikely to complete their work within the given timeline. This can lead to other subcontractors not beginning their tasks on the agreed dates.A delay caused by a subcontractor can trigger a domino effect, disrupting the entire project schedule. If you are a general contractor in a dispute with a subcontractor due to a delay, get more information to determine the best way forward. ]]>On Behalf of Law Office of Tom Murphy<![CDATA[3 mistakes that can weaken a boundary dispute claim]]>https://www.tommurphyslaw.com/?p=475392026-09-02T08:42:19Z2026-09-02T08:42:19ZRelying on appearances instead of documented evidence
What appears to divide two properties does not necessarily establish their legal boundary. A fence, hedge or old driveway can reflect past use, but its location alone does not establish record title or transfer ownership of the disputed strip.
The analysis starts with the deeds and any recorded plats for both properties. A surveyor then compares those descriptions with measurements and identifiable monuments on the ground. When those sources do not align, treating one visible feature as conclusive leaves your claim resting on incomplete evidence.
Changes to contested land
Once a boundary disagreement begins, the condition of the disputed area can become important. Moving a fence or survey marker, clearing vegetation or starting construction can make it harder to show what was present at that time.
Those actions can also intensify the conflict if your neighbor views them as a deliberate encroachment rather than an honest mistake. If a court later determines that the area belongs to your neighbor, entering it without permission or damaging vegetation and improvements could support a trespass claim, including damages for the resulting harm.
Delay after an encroachment
Time does not change the deed, but it can make the history behind a disputed use harder to prove. Witnesses forget important details or become difficult to locate, and older surveys, correspondence and photographs grow harder to find.
Delay can also give rise to an adverse possession claim. Under Texas law, a neighbor can gain title to your land by using it openly and continuously, under a conflicting claim of ownership, for the period the statute sets.
Remedy for the dispute
The proper procedure depends on whether the parties contest the boundary’s location, ownership of the strip or a structure that crosses the line. When both sides assert competing title claims, Texas law generally requires a trespass-to-try-title action to determine which party has superior title.
When the only title issue is the proper boundary between adjoining properties, Texas law permits a declaratory judgment action to establish the line. If a structure crosses that boundary, the affected owner can also request an injunction requiring removal. A court grants that relief only when the owner proves an underlying claim and meets the requirements for an injunction.]]>On Behalf of Law Office of Tom Murphy<![CDATA[What if your neighbor damages your property?]]>https://www.tommurphyslaw.com/?p=475382026-08-17T18:28:45Z2026-08-17T18:28:45ZEveryone hopes they can get along well with their neighbor, but the reality is that disputes and conflicts can arise. If your neighbor damages your property, for example, it may even end up leading to litigation.In some cases, this could be accidental damage, such as if they back into your fence while pulling out of their garage and your fence needs to be replaced. In other cases, it could be intentional damage, such as if they try to take a shortcut across your yard or if they actively vandalize your property during a neighbor dispute.In still other situations, it could be part of an overall boundary dispute. For instance, maybe your neighbor believes that the fence is on their side of the property line, so they tear it down on purpose, claiming they have the right to do so. But you claim that the fence is actually on your side of the line and that they have now caused thousands of dollars in damage to your property.
What legal options do you have?
In all of these cases, there are legal steps you can take. For a boundary dispute, the first logical step may be having a survey conducted of the property to determine exactly where those property lines lie.Next, you need to consider the value of the damage that was done and the financial costs you are facing. These are often much higher than people anticipate. If your neighbor damaged your tree and an entire full-grown tree has to be replaced, for example, it could cost thousands of dollars to put your property back in its original condition.Naturally, this type of litigation with your neighbor can become complex and very contentious. That is when it can help to work with an experienced real estate attorney.]]>On Behalf of Law Office of Tom Murphy<![CDATA[Can you sue over verbal construction agreement concerns?]]>https://www.tommurphyslaw.com/?p=475362026-08-05T23:30:58Z2026-08-05T23:30:58ZAre verbal construction agreements legally valid?
Verbal construction agreements can be legally valid in Texas, but enforcing them may be more difficult than enforcing a written contract. Under Texas law, an oral contract is enforceable if the parties reached an agreement on the essential terms, intended to be bound by it and each side provided something of value, such as payment or construction services.
However, not every agreement can be made verbally. Some contracts must be in writing to be enforceable under the Texas Statute of Frauds. While many residential construction projects can begin with an oral agreement, certain circumstances, such as contracts that cannot reasonably be performed within one year, require a written contract.
In a construction dispute, the court will examine the conduct of both parties to determine whether a valid agreement existed. Evidence that may support an oral contract includes:
Text messages or emails discussing the project
Estimates, invoices or receipts
Proof of payments
Building permits or inspection records
Photographs showing completed work
Testimony from witnesses familiar with the agreement
Texas courts can also consider whether one party partially performed the agreement. For example, if a contractor completed the work and the property owner accepted the benefits of that work, or if the owner made partial payments, those actions may support the existence of an enforceable agreement.
If you are dealing with a verbal legal agreement concern, know that a legal practitioner can help review the facts of your case, determine whether the agreement may be enforceable under Texas law and explain the legal options available to you.]]>On Behalf of Law Office of Tom Murphy<![CDATA[Can contractors be sued for an owner’s lost profit?]]>https://www.tommurphyslaw.com/?p=475352026-07-24T14:54:04Z2026-07-24T14:54:04ZWhy do owners seek lost profits?
Not every construction delay ends with a lawsuit, but delays can have financial consequences. A postponed hotel opening may mean empty rooms. A retail center that opens late may lose rental income from tenants. In some cases, owners can seek those losses from the contractor, in addition to the direct cost of completing or repairing the project.
Can every delay lead to a lost profits claim?
No. Texas courts generally treat lost profits as consequential damages rather than direct damages. To recover those damages, an owner typically must show the claimed losses were reasonably foreseeable when the parties entered into the contract, and support the claim with reliable evidence.
As a result, contractors are not automatically responsible for lost profits, and the construction contract often plays a major role in determining whether those damages may be recovered.
Clauses discussing consequential damages and delay-related claims
Whether the contract addresses lost rental income, business revenue or other indirect losses
Waivers or limits on certain types of damages
Notice requirements for delay-related claims
Contract terms that create uncertainty about financial responsibility
Carefully reviewing these provisions before signing can help contractors identify potential risks early and reduce surprises if a delay leads to a dispute over lost profits.
What should contractors remember?
A project delay does not automatically make a contractor responsible for a property owner's lost profits. The contract, the reason for the delay and the evidence supporting the claim all influence whether those damages may be recoverable under Texas law.
Knowing those issues before a dispute arises can help contractors better manage risk. When a dispute involves significant financial claims or complex contract provisions, experienced legal guidance can help contractors evaluate their potential exposure and determine the appropriate next steps.]]>On Behalf of Law Office of Tom Murphy<![CDATA[Is a river flowing through a farm private property?]]>https://www.tommurphyslaw.com/?p=475342026-07-10T15:11:49Z2026-07-10T15:11:49ZFarmers own the land, not the water
Farmers and other real estate owners purchase the land itself, as well as any improvements erected on the property. They do not necessarily own the surface water flowing through their property.
Any navigable waterways technically remain public property, which means that everyone has a legal right of access. Rivers and streams that are large enough to support small boats or even floating logs from timber operations are often considered navigable waterways.
Farmers and other property owners can restrict people from wandering across their property, but the water itself and the banks of the waterway remain public and are accessible to anyone. So long as others do not trespass on the land surrounding the waterway, the property owner cannot take any action against those making use of their water access rights.
Outdoor enthusiasts and even neighbors may find themselves embroiled in a conflict regarding the right to access streams and rivers that cross private property. Assessing the situation with a lawyer can help people assert their rights to access and travel navigable waterways.]]>On Behalf of Law Office of Tom Murphy<![CDATA[Seller non-disclosure: When can you sue?]]>https://www.tommurphyslaw.com/?p=475332026-06-29T20:10:14Z2026-06-29T20:10:14ZBuying a home is one of the biggest financial decisions that most people make. You expect the seller to be honest about the property's condition and any known problems.
Imagine moving into your new home only to discover extensive water damage hidden by a freshly painted wall or foundation issues that were never mentioned. You suddenly feel like your dream home has turned into a nightmare. When this happens, you want to know your options. Is suing the seller one of them?
What are sellers required to disclose?
In most real estate transactions, sellers must provide aSeller's Disclosure Notice. This document is intended to inform buyers about the property's condition and any known issues that could affect its value or safety.The disclosure covers a variety of topics, including structural problems, roof defects, plumbing issues, previous flooding and other material conditions affecting the property.The keyword is "known." Sellers must disclose any issues they know about. They can't report problems that they don't actually know exist.One of the biggest challenges in these cases is proving that the seller was aware of the problem before the sale.Evidence might include repair invoices, insurance claims, contractor reports, photographs or statements from neighbors or previous occupants. A history of repairs makes it difficult for the seller to deny that they weren't aware of a significant defect.Every case is different, but the buyer may be able to recover damages related to the undisclosed problem. This may include the cost of repairs, diminished property value, out-of-pocket expenses and other financial losses the buyer experienced.If you discover a defect after purchasing a property, it's important to act quickly. Save any documentation related to the issue, such as:
Inspection reports
Photographs
Repair estimates
Invoices
If you suspect theseller failed to disclose a material defect they knew about, you need to speak with a legal representative who can evaluate the situation and explain your legal options. ]]>