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The Suster Law Group, PLLC
  • Home
  • About
    • Israel Suster
    • William Sweet
    • Tyler Smith
    • Christopher Bowers
    • Oscar “Rey” Rodriguez
  • Practice Areas
    • Commercial Litigation
    • Property, Asset And Real Estate Litigation
    • Land Use Issues
    • Commercial Tenancies
    • Residential Tenancies
    • Construction Disputes
    • Local and Conflicts Counsel Representation
    • Trial Support and Appeals
  • Blog
  • Pay Online
  • Contact
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Construction Contracts in Texas: 5 Clauses Every Contractor Should Include

On Behalf of The Suster Law Group, PLLC | Oct 28, 2025 | Business Law

A solid construction contract is the heart of every project. It protects your business long before problems start. For Texas contractors, clear terms reduce disputes, protect cash flow and keep projects moving. If you are a contractor, you need to be aware of the top five clauses that you should include in your contracts to avoid costly surprises.

Scope of work

Even experienced contractors sometimes miss certain details in their contracts. If you want to avoid problems, define the job in specific terms, list deliverables, materials, quality standards and provide a realistic timeline. Specify who handles permits and inspections and name any exclusions, so clients cannot claim the contract covered work you never agreed to.

Payment terms

Spell out how and when you will get paid. Include milestone or progress payments, retainage percentage, deadlines for invoices and interest or remedies for late payments. Being clear when it comes to the rules can make collections simpler and discourage slow-paying clients.

Change orders

Construction is not always predictable. In case something changes, make sure you require written orders for any alteration to scope, price or schedule. Specify who can authorize changes and how you will price them. You do not want to rely on oral agreements that are unenforceable, because this can turn into unpaid work.

Dispute resolution

Set a practical path for resolving conflicts. Mediation and arbitration are great options before any party considers court action. A clear dispute clause can save time and legal costs while keeping the project salvageable.

Termination and suspension

Outline when either party can stop work, and what compensation applies if you suspend or terminate the contract. Specify notice requirements, cure periods and payment for work completed. This will prevent you from being obligated to continue a project even when the owner has stopped making payments.

Get legal guidance sooner than later

A well-drafted contract does more than avoid fights. It clarifies expectations, protects your margins and preserves your reputation. Speak with an attorney who understands Texas construction law and have them review your documents to ensure enforceability and compliance with state statutes.

Protect your business and reputation by hiring a licensed lawyer to draft new contracts, review existing agreements or update those nearing expiration.

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