Construction Law

Kelly Hart’s legal team has significant expertise in representing a diverse range of clients, including owners, developers, contractors, project managers, architects, and other consultants, for complex development and construction projects. We have a deep understanding of the risks involved in construction and possess specialized skills in risk management among different entities involved in such projects. Our services include negotiating and drafting design and construction agreements, handling lien and bonding issues, and addressing unique contracting issues with government entities. Additionally, we provide representation for litigation and administrative proceedings related to all aspects of the construction industry.

We are actively engaged in projects from property acquisition to planning, design, bidding, construction, and final closeout. Our experience includes the following representations:

  • Private owners with regard to the design and construction of high rise office buildings in various central business districts including a unique central city pedestrian plaza
  • Private owners with regard to the design and construction of high rise boutique hotel in a central business district
  • Public university with respect to the construction of a university medical research institute and medical office building, including agreements with architects, engineers and other consultants and agreements for the construction of the facilities
  • Owners with respect to the construction and management of multi-family housing projects, including design agreements with architects, engineers and other consultants, agreements to construct the projects, easements and agreements for utilities, communications and cable television, and property management agreements to provide long term management and operation of the projects
  • Representation of an owner with respect to the development and construction of a major mixed-use project in the nation’s largest urban greenfield, including an economic development agreement with a local municipality, agreements with architects, engineers and other consultants and agreements for the construction of various facilities
  • Private developer with respect to the development and construction of a major mixed-use project and waterfront park along an urban river front, including an economic development agreement and numerous community facilities agreements with a local municipality, agreements with architects, engineers and other consultants and agreements for the construction of various facilities
  • Large railway company in construction leasing arrangements across the United States including federally-regulated labor and safety considerations
  • Numerous internationally renowned museums and a botanical garden campus, including the negotiation of agreements with the architects, consultants and contractors, as well as agreements encompassing certain aspects more specific to the design, construction and operations of a museum, such as restaurant operations, security systems, archival storage systems, film productions and the design and construction of exhibits
  • Nationally renowned public zoo, including the preparation of agreements for the design and construction of exhibits and facilities, film production agreements for documentaries included in the exhibits and management agreements for food service operations
  • Aircraft assembly facility and related offices, including the preparation and negotiation of an agreement with the owner for project management and construction of the facility
  • Schools, including agreements with architects, engineers and other consultants and contractor agreements for the construction of the facilities
  • Churches, including agreements with architects, engineers and other consultants and contractor agreements for the construction of the facilities
  • Architects and design-build contractors with respect to the design and construction of numerous product types, including the negotiation of design-build and management agreements with the contractor
  • High net worth individuals in custom home construction and design agreements

Our legal team is well-versed in handling various litigation matters, including mechanics lien and bond claims, construction claims, construction default, collections, construction contract negotiations and disputes, construction and design deficiencies, defective construction and professional design negligence, contract drafting and negotiations, insurance coverage, termination, and payment and performance bond claims (public and private). We regularly participate in mediation and arbitration proceedings to achieve cost-effective solutions for our clients.

Our membership in leading construction industry organizations, such as the State Bar of Texas Construction Law Section, Tarrant County Bar Association Construction Law Section, and TEXO Association, demonstrates our commitment to staying current with industry trends and regulations. With our extensive experience and fair fee structure, we are dedicated to providing cost-effective solutions for our clients.