Construction & Real Estate Litigation

Munsch Hardt provides developers, contractors, design professionals, subcontractors and suppliers fast, cost-effective and sound legal advice to resolve construction disputes including contract litigation, contract termination, insolvency, defect litigation, dispute resolution, lien perfection, lien litigation and most types of construction litigation. Our construction lawyers bring years of experience in resolving and trying commercial and residential construction disputes to each matter they handle.

The firm also handles a wide range of real estate related disputes for developers, owners, buyers and sellers; tenants; brokers; operating and management companies; contractors and lenders. We have in-depth experience with landlord/tenant disputes; construction defect and other construction litigation matters; commission disputes; enforcement of purchase and sale agreements; enforcement of development and operating agreements; litigation of claims under the Americans with Disabilities Act (ADA), Fair Housing Act (FHA) and their state law analogs; zoning disputes; enforcement of restrictive covenants; disputes involving home owners and condominium associations; and litigation between borrowers and lenders.

Representative Deals & Suits

Representation of a steel fabricator and erector handling numerous lawsuits to collect unpaid amounts due under contract and defend claims for defective or delayed work arising out of office building and other commercial projects.
Representation of a steel fabrication and erection company in litigation to collect unpaid sums from an owner and contractor arising out of an office building project, which was resolved by a settlement prior to trial.
Representation of a steel fabrication and erection company in litigation to collect unpaid sums and defend claims of defective workmanship in construction of a sanctuary and related church buildings.
Representation of a steel fabrication and erection company in defending delay and defect claims by a contractor in the construction of an office building.
Representation of a lender in an architectural malpractice case arising out of failure to properly inspect the work and supervise the contractor.

Representation of a tenant in a claim against the landlord and contractor for damages arising out of an improper finish-out of lease space.
Representation of an owner in litigation against a contractor and subcontractors for defective work and delays in construction of an office building.
Representation of an owner defending claims by subcontractors and prosecuting claims for delay damages in construction of an apartment complex.
Representation of owners defending claims by a roofing contractor for repair work on an apartment complex.
Representation of a specialty metals subcontractor in the collection of amounts due from contractors and owners.
Representation of a specialty glass contractor in litigation to collect amounts due from the contractor, owner and bond company in an office building project.
Representation of building owners in numerous lawsuits to recover damages for construction delays; penalty and liquidated damage assessments; lien claims; substantial completion disputes; and defects in construction against contractors, subcontractors and surety companies.
Representation of surety bonding companies in developing knowledge of their guidelines and legal obligations.
Representation of an architectural design firm in a variety of threats, claims and disputes.
Representation of an owner/developer of a nine story nationally branded Dallas, Texas hotel in an arbitration proceeding over change orders, lien disputes, poor workmanship and contract interpretation dispute arising out of the renovations and redevelopment of the hotel and site.
Representation of a general contractor of a seven story Houston, Texas hotel in multiple lawsuits over change orders, poor workmanship and construction delays involving subcontractors, suppliers and an owner arising out of the renovation and rebranding of a hotel in anticipation of the Super Bowl.
Representation of a national extended stay hotel company in multiple Texas construction disputes with general and subcontractors regarding poor workmanship, warranty claims, latent defects, lien disputes and contract disputes.
Representation of a drag strip developer in disputes with a city, county, water district, Texas Department of Transportation (TxDot), contractors and the adjoining landowner regarding construction and development of a rural site for the National Hot Rod Association (NHRA) — or International Hot Rod Association (IHRA) — certified racetrack.
Representation of a lender in an architectural malpractice case arising out of failure to properly inspect the work and supervise the contractor.
Representation of an owner/developer in a dispute with a municipality over building code interpretation and enforcement.
Representation of an owner/developer in dispute with municipality over building code interpretation and enforcement.
Representation of a volume homebuilder in over 30 cases, arbitrations and proceedings before the Texas Residential Construction Commission (TRCC) involving claims of structural defect, mold or general workmanship deficiencies.
Representation of a Fortune 500 company in disputes arising out of termination of the construction contractor with an insolvent general contractor at a chip making facility.
Representation of apartment developers and homebuilders in lien disputes.
Representation of a national homebuilder in a dispute regarding adverse possession of to be developed lots.
Representation of a regional development company in a structural defect dispute with the owner regarding office construction for a regional utility.
Representation of a residential developer in disputes over water rights.
Representation of regional subcontractors, a multifamily developer and homebuilders in a Storm Water Pollution Prevention Permit (SWPPP) litigation with municipalities.
Representation of general contractors, subcontractors and specialty vendors in collection of amounts due from contractors and owners.
Representation of a general contractor in the defense of two matters involving alleged defective construction, along with the attentive subcontractor and retainage issues.
Representation of extended stay hotels in the prosecution of their defective construction claims against the general and subcontractors.
Representation of an electrical subcontractor for a multistory condominium project where the homeowners association sued the developer, general contractor and approximately 20 subcontractors.
Representation of two homeowners in arbitration proceedings against the builders.
Representation of private investors/owners in an arbitration against the general contractor for a tilt-wall building.
Representation of a purchaser of a pool of assets from the Resolution Trust Corporation (RTC), which hired a major real estate company to renovate, re-image and re-tenant multiple shopping centers.
Representation of an owner of an apartment complex damaged by Hurricane Alicia in a dispute concerning change orders and scope of the contract with the general contractor and a dispute with the insurance company concerning coverage for hurricane damage.
Representation of a purchaser of a building in downtown Houston, Texas regarding construction defects and misrepresentations by the seller.
Representation of a general contractor in a dispute regarding insurance coverage for damage to the environment caused by a subcontractor's defective values during the construction of a retainage pit.
Representation of a general contractor in a series of tort claims arising from construction defects.
Representation of a general contractor in disputes regarding various design defects arising during the construction of a cogeneration facility.
Representation of a security contractor in numerous construction disputes.
Representation of owners, developers, design professionals and contractors, and material suppliers in construction and development related disputes.
Representation of a large construction company where the subcontractor claimed $10 million in damages as a result of the termination of the subcontractor in the installation of a computerized heating, ventilation and air conditioning (HVAC) system in 11 schools.
Representation of a construction company in a matter involving the concrete work in a high-rise apartment building's parking garage.
Representation of a company in matters ranging from the construction of the state of the art steel mill and coke oven battery to commercial roofing cases.
Representation of the nation's largest owners and managers of a multifamily residential property in the defense of discriminatory housing claims.
Representation of commercial landlords and tenants in a broad range of lease related disputes.
Representation of acquirers of a lease loan or portfolio purchasers resulting from failed financial institutions in connection with the defense of existing claims, asset foreclosures and liquidation disputes.
Representation of a bankruptcy trustee in litigation surrounding a multimillion dollar business divorce of two of the nation's largest commercial developers.
Representation of many buyers, sellers, brokers and others related to commercial real estate transactions and problems that arise.
Representation in a matter related to the installation of a municipal freshwater pipe system.
Representation of in matter involving HVAC systems at high-rise office buildings throughout the country.
Representation of premises owners and managers in premises liability disputes at all stages of litigation.
Representation of premises owners and managers on methods to avoid premises liability litigation.
Representation of a chemical blending company in a suit by the landowner for damages claimed of over $1 million.