Business & Commercial LitigationHow We Handle Disputes During Large-Scale Construction Projects

07/02/2024by Thomas Fee

The clock begins ticking for our clients the moment a long-awaited construction project begins. The industry continues to soar throughout Texas and many areas of the country, placing a high demand for quality, timely projects to be completed. However, many large-scale construction projects are slowed or delayed by disputes that hinder the completion of the construction stages and the transition into a profitable venture.

Efficiency is a significant factor during disputes, allowing for conflict resolution and work to continue forward at a progressive pace. Setting a plan in motion at the conception of a large-scale construction project enables a course of action to pave the way and often prevent or minimize disputes that throw a project off-course. Strategically handling disputes is imperative to progress in Texas business and commercial litigation.

Minimizing the Potential for Large-Scale Construction Project Disputes

Construction laws in Texas are complex and will play a crucial role in any construction project, whether commercial or residential, throughout its entirety. One of the most beneficial ways to handle disputes during large-scale construction projects is to minimize the possibility of a dispute from the initial phase of developing a construction project by drafting sound contracts. Experienced business and commercial litigation attorneys in Texas provide for their clients’ needs by demonstrating the following:

  • A thorough awareness of the construction process
  • An understanding of the stakeholders involved
  • A firm grasp of Texas construction and labor laws
  • Residential Construction Liability Act (RCLA) claims knowledge
  • A clear awareness of Occupational Safety and Health (OSHA) standards
  • Experience in professional, commercial, and construction litigation
  • Knowledge of insurance coverage laws

Setting up a large-scale construction project for success from the beginning is essential to minimize potential disputes. Multiple facets are involved, and we protect the professional liability of our clients, ranging from architects, construction companies, contractors, construction managers, and engineering professionals.

Implementing Preventive Measures and Litigation Avoidance Strategies

The attorneys and team at Fee, Smith & Sharp LLP have developed effective strategies to ensure you have preventive measures in place to avoid litigation when possible. However, we are experienced trial lawyers with an established reputation for tackling high-stakes litigation in Texas and nationwide. We strive to provide the maximum level of risk management and legal advice based on industry insight and workable solutions for each client’s unique needs. Let our team help you handle large-scale construction project disputes by implementing these actions.

  • Initiating clear communication: Disputes are often the result of misinterpretations in contractual agreements or with laws. Working with our experience and knowledge, we strive to create clear and enforceable contracts, rules, procedures, and expectations.
  • Retain accurate and current documentation: As laws change or are modified in Texas, we stay current in our legal understanding. Reviewing and updating contracts may be part of the process.
  • Insight into implementing company risk management procedures: We have experience in insurance litigation, OSHA compliance, and other safeguards to protect your interests.
  • Direction with due diligence practices: Gathering background information and establishing financial soundness within large-scale construction projects and stakeholders may decrease the possibility of disputes.

Handling Large-Scale Construction Disputes Throughout a Project’s Completion

Even the most detailed contracts may be met with disagreement. Construction projects are multi-faceted and require various methods of addressing disputes. Our team is skilled in each method of approaching a dispute among business partners.


Negotiating allows mutually involved parties to resolve disputes and determine when new agreements, if any, are required to meet the needs of interested parties. Our team can help you take this step once construction has begun to find cost-effective, workable solutions in the Texas construction industry.

Professional Mediation

Mediation allows a neutral party, or mediator, to hear both sides from disputing parties, offering resolutions to disputed matters. With the guidance of your business and commercial litigation attorney in Texas, we help clients determine how these resolutions may impact their interests.


Like mediation, a third party is agreed upon by the disputing parties to review the dispute and decide an outcome. Arbitration may be legally binding. Because of the legal implications of arbitration, representing your interests and rights before an arbitrator is critical.


Fee, Smith & Sharp LLP is willing to go the distance with our clients. We will exhaust the options to find manageable resolutions to your most complex large-scale construction project disputes. Unfortunately, many disputes require litigation. We never shy away from high-stakes litigation and pride ourselves on our effectiveness in the courtroom. Our extensive legal experience allows us to anticipate the next steps of a disputing party, preparing a plan that will help you accomplish your business goals.

Common Large-Scale Construction Project Disputes

Common themes often accompany construction project disputes in Texas. Let us help you establish checkpoints and resolution protocols to address the following issues.

Scope of Work Changes or Disputes

Vague or unclear contracts often lead to confusion over the scope of work in construction projects. Each party in a large-scale construction project in Texas should clearly understand the scope of work to ward against potential litigation and extensive financial loss due to project delays.

Project Delays

One critical delay can result in a postponement of work schedules and deadlines that follow. From this point, timing issues and disputes can clog the arteries of production on a construction project. These delays will cost someone. Clearly defining financial responsibility for delays is essential.

Fluctuations in Materials Costs

It only takes a glimpse into the recent past to pre- and post-COVID days to recognize how widely the costs of construction materials can fluctuate. While these extremes are not ordinary, any fluctuation in the costs of materials on a large-scale building project in Texas can equal millions of dollars over project projections.

Payment Schedule and Performance Disputes

Establishing an inspection and resolution system provides avenues for certifying a specific portion of a job is completed to standard before payment. Keeping a project moving forward is dependent on these particular steps.

Discuss a Large-Scale Construction Project Dispute

Fee, Smith & Sharp LLP is your progressive representation, helping you navigate construction project disputes in Texas and nationwide. We have central locations in Texas, making it easier for you to receive the legal representation your company deserves. Contact us today to discuss your construction dispute.



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