Law Office of Tom Murphy Austin TX Business Litigation Attorney | Construction 2026-07-10T15:11:49Z 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[Is a river flowing through a farm private property?]]> https://www.tommurphyslaw.com/?p=47534 2026-07-10T15:11:49Z 2026-07-10T15:11:49Z Farmers 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=47533 2026-06-29T20:10:14Z 2026-06-29T20:10:14Z Buying 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 a Seller'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 the seller 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. ]]> On Behalf of Law Office of Tom Murphy <![CDATA[4 signs of construction fraud on commercial sites]]> https://www.tommurphyslaw.com/?p=47532 2026-06-24T17:15:00Z 2026-06-24T17:15:00Z Substitutions of inferior building materials A contractor might charge your account for premium, commercial grade copper piping. Instead, they install cheap, thin-gauge alternatives. This illegal swap increases the profit margin of the contractor at your expense. Furthermore, sub-standard materials can cause massive system failures later. You must verify delivery receipts against physical inventory on the jobsite regularly.

Discrepancies in billing and invoices

You may notice invoices with vague line items, duplicate charges or altered receipts. For example, a contractor might bill you twice for the same concrete pour. They often do this to hide cost overruns on their other jobsites. Consequently, you should demand original subcontractor receipts to confirm every expense.

Ghost employees on the payroll

Labor logs can include names of workers who never set foot on your property. A manager might add three fictitious workers to the weekly log to inflate labor costs. For this reason, cross-referencing daily sign-in sheets with physical headcounts is an effective defense.

False milestones and progress updates

Management sometimes requests a progress payment for a phase of construction that is not complete. For instance, they might claim the drywall phase is 100% finished when the rooms lack insulation. You should never release funds without a physical inspection of the milestone.

Protect your commercial investment from deceptive practices

When you notice clear misrepresentations on your commercial project, quick action is necessary. A delay can weaken your legal position and complicate your recovery options. Securing professional guidance helps clarify your contractual rights. A qualified attorney can help you protect your investment, evaluate the evidence of deceit and pursue appropriate legal remedies under Texas law.  ]]> On Behalf of Law Office of Tom Murphy <![CDATA[Project delays often turn into contract disputes]]> https://www.tommurphyslaw.com/?p=47530 2026-06-16T15:55:22Z 2026-06-16T15:55:22Z Construction contracts contain very specific terms that must be complied with, some of which are deadlines that must be met. When those deadlines aren’t met as required, it can lead to pressure across every aspect of the construction project.  A missed deadline can affect labor scheduling, material delivery, financing, inspections, equipment availability and other timing points. Even if the original delay isn’t causing immediate concerns, it can eventually lead to financial effects. 

Determining the root cause of the delay

Determining the root cause of the construction delay may help both parties determine how they should proceed. Some reasons may be covered under a force majeure clause, which covers unavoidable situations like catastrophic weather events. Others might not be discussed at all.  The cause of the delay is something that’s often debated between parties. One party may point to preventable or foreseeable factors, while the other party doesn’t see the situation in the same way. Contracts often distinguish between types of delays and set specific terms for how to handle the situation. 

Preventing delay problems from becoming more serious

Clear communication can reduce confusion about what’s going on, but these discussions need more than just informal conversation. Written updates can clarify these points and provide a plan for moving forward. If there are significant changes to the scope of the project, those should be documented and a new schedule should be set.  Not all delays become legal disputes, but they can be significant when they aren’t resolved amicably. Determining how to proceed when the dispute isn’t reconcilable between the parties is critical. This may be easier with assistance from someone familiar with these matters.   ]]> 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.]]>