Law Office of Tom Murphy Austin TX Business Litigation Attorney | Construction 2026-09-05T03:37:23Z 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[How subcontractors can cause delays in a construction project]]> https://www.tommurphyslaw.com/?p=47540 2026-09-05T03:37:23Z 2026-09-05T03:37:23Z Typically, 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=47539 2026-09-02T08:42:19Z 2026-09-02T08:42:19Z Relying 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=47538 2026-08-17T18:28:45Z 2026-08-17T18:28:45Z Everyone 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=47536 2026-08-05T23:30:58Z 2026-08-05T23:30:58Z Are 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=47535 2026-07-24T14:54:04Z 2026-07-24T14:54:04Z Why 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.

How can contractors reduce this risk?

Before signing a construction contract, contractors should review provisions that address financial liability, including:
  • 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=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.]]>