Construction

Experience

  • Water Purification Plant Construction 

    Representing public water authorities providing financing, concerning legal issues relating to progressive Design-Build delivery of a $1.4 B water purification plant. Currently, the largest project 

  • Headquarter Relocation

    Prepared and managed multiple Design-Build Agreements on behalf of a publicly traded company, consolidating its headquarters, manufacturing and distribution facilities and relocating them from

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Overview

With more than 200 years of combined experience in construction law, Munsch Hardt’s highly regarded Construction team has empowered public and private owners, developers, lenders, design professionals, general contractors, subcontractors and suppliers to complete many of the most significant construction projects throughout the country.

Our team fully understands that developing a dynamic, cost-efficient project requires a single firm’s consistent management of the numerous phases and moving parts at every level, from start to finish. Our range of services include extensive procurement document preparation at all levels of the construction process and the resolution of construction disputes, such as contract litigation and arbitration, contract termination, insolvency, defect litigation, dispute resolution, lien perfection, lien litigation and virtually all types of construction litigation of any order of magnitude.

Our Construction lawyers also offer extensive experience in contract negotiation and document preparation in relation to all phases of the investigation, development, design, management and construction of projects of all sizes and character (vertical construction, plant and line projects, heavy highway and bridge projects, as well as industrial projects). By utilizing various delivery methods, including Design-Bid-Build, CMAR, Design-Build, Progressive Design-Build, Job Order, Construction Manager Agent, Public-Private Partnerships (P3) and other hybrid delivery combinations, our attorneys have provided transaction and document preparation advice and services on nearly $5 B worth of construction in the last five years alone. 

Representative matter types for transaction, claims and dispute resolution projects include:

  • Federal and state claims against governmental owners
  • Environmental non-compliance claims 
  • Delay and impact claims, including complex cpm analysis cases
  • Wage disputes, including prevailing wage, Davis Bacon and FLSA claims
  • Defective design claims
  • Cardinal change claims
  • Defective construction claims
  • Project workouts
  • Residential construction claims
  • Acceleration and efficiency claims
  • Differing site conditions claims
  • Price escalation claims
  • Professional malpractice defense
  • Bid protests
  • Lien, bond and payment claims of all types
  • Bankruptcy and receivership claims
  • Insurance recoveries
  • Immigration raids, audits and compliance
  • Project close-out, warranty and liquidated damages claims
  • Public and private works procurement documentation for various delivery methods and project types 
  • Administrative agency claims relating to TxDOT, the State Office of Administrative Hearings, professional licensing boards and related appeals 
  • Preparation of procurement documents for energy sector construction, such as plant and pipeline projects, pilot projects and power plant projects
  • Default, termination and performance bond claims
  • Preparation of licensing and technology contracts  
  • Jobsite injury claims
  • Preparation of documentation for performance guarantees and all types of surety bonds


When working with our team, clients quickly discover our lawyers talk and think like they do, partly because of the rare industry insight and experience we gained while working in their world. Some of our lawyers have experience and training in relevant areas such as engineering, project management and general contracting, or in-house legal experience with large architectural and engineering firms. This unique combination of technical skill and first-hand project experience enables us to identify opportunities and obstacles and then develop practical road maps to achieve the desired outcome. 

Our lawyers also demonstrate their commitment to the construction industry through leadership roles in legal and construction industry organizations. Some of our more prominent roles and responsibilities currently include American Arbitration Association (Construction Arbitration Panel Member); Associated Builders and Contractors (ABC) of Greater Houston (Appointed to Legal Issues Committee and Legislative Task Force); Associated General Contractors of Texas Highway, Heavy Utilities and Industrial Branch (Legislative Drafting and Review Committee; State Water & Waste Water Committee); Construction Lawyer’s Society of America (Fellow); Houston Bar Association, Construction Section (Chairman and Executive Council Member); State Bar of Texas, Construction Section (Immediate Past Chair, Current Editorial Board Member); Texas Board of Professional Engineers, and we are proud to have attorneys as part of the inaugural class to receive Board Certification for Construction Law from the Texas Board of Legal Specialization (TBLS). Our attorneys also serve as regular panelists and presenters at seminars and conferences, guest lecturers at law and business schools and are frequent contributors to legal and construction industry journals.

Finally, at Munsch Hardt, we don’t just say we do it all – comprehensive service is built into our culture. With broad experience in managing every issue imaginable – contract negotiations, tax planning, project dispute resolution (formal and informal), personal injury litigation, labor and employment issues, liens, work visas and permits, insurance coverage, restructuring, plus many more – we stand ready to respond at any time with a tailored, cost-efficient team you will not find at another firm. 

Practices include:

Bankruptcy, Restructuring & Insolvency

Recognized by Chambers USA, our Bankruptcy, Restructuring & Insolvency attorneys have extensive experience representing all major constituencies in bankruptcy, restructuring and insolvency matters. They are adept at every facet of the bankruptcy and restructuring process, which allows our clients to better evaluate possible outcomes, develop strategies, assess risks and ultimately plan for the future.

Corporate & Securities

We represent dynamic, growing businesses in transactions and other matters that are critical to their success. Our services include mergers and acquisitions; venture capital; private equity; family office investments; business succession planning; technology contracts and intellectual property licensing; corporate governance and special board committees; securities offerings and capital raises; outsourced counsel services; executive compensation; joint ventures; and transactional tax planning and tax controversies.

Environmental

Our construction industry lawyers work closely with Musnch Hardt’s nationally ranked environmental group to provide our clients with the highest quality counseling and trial performance on a variety of environmental matters. With the growing complexity of environmental laws, the construction industry has become more sensitive to environmental issues, including air, water, solid and hazardous waste, superfund, non-hazardous oil field waste, underground storage tanks, wetlands, endangered species, land use and development, insurance coverage litigation, natural resources, oil pollution, coastal zone management and restoration, forestry management, aquaculture and environmental justice. We  regularly represent clients on avoidance or minimization of liability when acquiring real property for a construction project; coordinating due diligence and environmental site assessments and permitting; developing creative ways to close transactions involving contaminated properties and assisting clients in taking advantage of brownfields, municipal settings designation, and other laws providing economic incentives for development of contaminated properties.

Finance

When clients partner with Munsch Hardt, they partner with some of the best and most experienced finance attorneys in the industry. In fact, there are few law firms involved in as many complex lending transactions as Munsch Hardt. Our Finance attorneys represent lenders from a variety of disciplines within the industry, including banking institutions, non-regulated lenders, private equity and hedge funds, as well as domestic and foreign financial institutions in a broad range of transactions.

Immigration

Foreign workers comprise a significant percentage of the available work force in the construction industry. Our Immigration attorneys assist clients in obtaining temporary visas, permanent resident status, labor certifications and temporary work permits for foreign workers. We also have significant experience with I-9 compliance and responding to ICE audits and investigations, which often require an expedited expert response.

Intellectual Property

We understand the intersection between intellectual property (IP) and construction. Along with our Firm’s IP lawyers, we counsel clients on issues including copyright and trade secret protection. We help clients protect their ownership of IP assets in a variety of ways, including creating protective business practices, drafting and negotiating IP provisions in industry contracts and drafting and negotiating licensing and transfer of ownership agreements. We advise on e-commerce and IP considerations for project communications and information sharing technologies. We also counsel clients on issues that arise in connection with the termination of project participants who have IP rights or obligations. When necessary, our lawyers vigorously protect our clients’ interests by either prosecuting or defending against copyright and trade secret infringement lawsuits.

Labor & Employment

Our Construction Law attorneys are experienced in drafting labor and employment-related provisions in construction and design contracts. On the labor side, our attorneys address traditional labor issues involving double-breasting, multiemployer withdrawal liability issues, collective bargaining, project labor agreements, OSHA and unfair labor practice claims. On the general employment side, we counsel clients on hiring, firing and disciplinary decisions, drafting of employee handbooks, interpretation of wage and hour laws, Equal Employment Opportunity Commission (EEOC) compliance, Family and Medical Leave Act (FMLA) leave and disability/accommodations, Americans with Disabilities Act (ADA) access matters, employer issues associated with business transactions and workplace harassment and training programs and affirmative action obligations of government contractors.

Litigation

We routinely represent clients in the various types of disputes inherent to the construction industry, such as delay, disruption and other scheduling disputes, terminations, scope and extra work claims, design and construction defect claims, and mechanics lien and fee disputes. Munsch Hardt works hand-in-hand with clients to properly evaluate risks of a claim and the possibility of achieving an early and economical resolution, where possible. When early resolution is not possible, our attorneys tout a strong record trying complex claims in virtually every forum in which construction disputes arise, including state and federal courts and American Arbitration Association proceedings throughout the United States.

Real Estate

Munsch Hardt’s Construction and Real Estate teams are a natural extension of one another, providing a full range of services for all aspects of real estate acquisitions and dispositions, financing, leasing and land use and zoning. Our clients benefit from our significant experience in structuring, documenting and concluding complex projects and, when necessary, litigating on their behalf. Seasoned Munsch Hardt attorneys regularly use their industry knowledge to help clients with traditional office and retail projects, mixed-use developments, industrial facilities, sports and entertainment venues, hospitality and leisure projects, restaurants and Public-Private Partnerships (P3). In fact, Munsch Hardt’s P3 team provides end-to-end service, not as generalists, but as counsel with specific experience advising sponsors, financing parties, governmental agencies, equity investors and contractors.