Construction Contractors, Texas Construction Contractor

Texas Construction Contractor

Texas law requires that construction contractors include certain notices and disclosures in contracts for residential construction work. A Texas construction contractor who doesn't comply with the law risks heavy penalties. But nothing in Texas law requires contracts that favor the home owner. This table lists contract terms that protect the contractor.

Key Options in CCW That Tilt the Agreement in Favor of Texas Construction Contractors

Navigator Topic	Question	Selection
Plans and Contract Documents	Does the bid define the job?	Yes
Scope of Work – General	Which form of the scope of work clause?	Limited form.
Qualifications On Site Conditions	What's in the contract on site conditions?	Contractor can rely on what the owner says.
Retainage Basics	Will retainage be deducted from payments?	No
Changes in the Work	Can the owner make changes without consent?	Changes require mutual agreement.
Required Changes	What should the contract say about changes?	Extra work includes changes required by law.
Required Changes	What should the contract say about changes?	Changes due to a plan defect are extra work.
Required Changes	What should the contract say about changes?	An error by owner may result in extra charges.
Required Changes	How will the price of changes be determined?	The normal selling price of contractor.
Options When Pricing Changes	What's the charge for extra work?	Owner pays if labor or material costs change.
Contractor Claims	What should the contract say about claims?	Contractor has a claim for any change.
Dispute Resolution	Will disputes be resolved by arbitration?	Arbitration is required.
Liability for Acts of Subcontractor	Is contractor liable for acts of subcontractors?	No, contractor will not be liable.
Contractor Claims for Delay	Will contractor be compensated for delay?	Contractor will be compensated.
Damages from Suspension of Work	Is suspension for nonpayment compensable?	Suspension for nonpayment is compensable.
Grounds for Termination	On what grounds can contractor terminate?	Excessive delay.
Grounds for Termination	On what grounds can contractor terminate?	Financial uncertainty of owner.
Grounds for Termination	On what grounds can contractor terminate?	Owner's repeated failure to meet obligations.
Obligations After Termination	When is final payment due after termination?	Within 30 days after termination.
Completion	Is the punch list a final list of defects?	Anything not on the punch list is accepted.

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