Allensworth

Allensworth, a construction law firm based in Austin, helps owners, design professionals, and contractors solve problems and get results. The firm’s attorneys handle all aspects of construction projects, from contract drafting and negotiation through project closeout and everything in between. Their collaborative, business-centered approach puts our clients’ goals first when crafting legal strategies and solutions.

Co-Managing Partners

Amy Emerson
Joe Basham

Risk Management and Claims Advocacy: Construction projects involve inherent risks, and mitigating these risks–sometimes including the navigation of complex insurance coverage issues–can be a daunting task. Allensworth’s attorneys are experts in risk management, insurance coverage analysis, and claims advocacy. They help clients proactively identify potential risks, negotiate favorable terms, and handle claims effectively.

Contractual Disputes: Disputes arising from contracts are common on construction projects. Challenges include ambiguous contract language, scope changes, payment disputes, and delays–possibly leading to costly and time-consuming litigation, as well as damaged relationships and project outcomes. Allensworth helps clients protect their interests and avoid disputes by drafting comprehensive contracts, reviewing and negotiating proposed terms, mediating disputes, and providing effective resolution strategies.

Complex Legal Processes: The construction industry is subject to a myriad of complex legal regulations and processes. Owners, developers, architects, engineers, and contractors face the challenge of navigating those legal complexities, which can lead to delays, disputes, and threatening legal consequences. Allensworth’s attorneys simplify legal processes, provide clear guidance, and assist with compliance, thereby minimizing risks and streamlining construction projects.

Construction Defect Claims: Construction defects can arise due to design flaws, faulty workmanship, or use of substandard materials. Such claims can be difficult to sort out and remedy and can result in significant financial losses, tarnished reputations, and project delays. Allensworth attorneys have years of experience and expertise evaluating construction defects, identifying responsible parties, and pursuing appropriate legal remedies, including insurance claims and litigation, to help their clients recover losses and ensure quality project outcomes.

Design Defect Claims: Alleged design defects often form the basis of disputes over whether an architect, engineer, landscape architect, registered interior designer, or surveyor has met the applicable code, prepared a sufficient set of plans and specifications, and satisfied the professional standard of care. These issues can produce sprawling disputes that require experts to opine on a design professional’s judgment, advice, and work product. Allensworth’s advocates focus on these disputes from all perspectives–whether from the standpoint of the owner receiving the design services, the construction team attempting to build from them, and the design professionals themselves whose work has been criticized.

Payment and Collection Issues: Payment problems–including non-payment, withheld payments, payment disputes, cash flow disruptions, and mechanic liens and payment bond claims–can hinder project progress and strain business operations. Construction industry clients also need skilled and knowledgeable advocates who can navigate the complexities of the state’s Prompt Pay Acts in the private and public sectors, as well as the Texas trust fund statutes and contingent payment laws. We are deeply experienced in handling payment-related issues, including contract review and advice, enforcement of payment provisions, mechanic’s lien filings, collection actions, and helping clients protect their businesses, progress their projects, and maintain a healthy cash flow.

Construction Delays and Disruptions: Construction projects often face unexpected delays and disruptions due to factors such as weather conditions, labor shortages, materials shortages, or unforeseen circumstances. The age of pandemic has introduced unprecedented difficulties for clients seeking to develop, build, or design projects. These challenges can result in increased costs, project timeline extensions, and disputes about who is responsible–as well as remedies for unexcused delays and supply chain disruptions. Allensworth’s attorneys provide strategic advice and dispute resolution services to address delays and disruptions and bring disputes to conclusion as efficiently as possible. They can assist in contract interpretation, negotiation, and claims management to mitigate the impact of project delays.

Professional Licensure and Disciplinary Matters: The firm regularly represents architects, engineers, landscape architects, interior designers, and surveyors who have been accused of violating the rules of the Texas Board of Architectural Examiners or the Texas Board of Professional Engineers and Land Surveyors. The stakes are often the highest they can ever be when a design professional’s continued licensure and ability to practice are threatened. Allensworth’s attorneys advocate for these registrants and use their experience before the state agencies to navigate toward exoneration where possible, or an otherwise acceptable path to daylight that allows their clients to return to normal business.

Permitting and Regulatory Compliance: Obtaining permits and complying with regulatory requirements can be a frustrating and time-consuming process. Failure to adhere to regulations can result in project delays, penalties, and potential legal repercussions. Allensworth assists its clients in navigating the permitting process efficiently, and mitigating risks associated with non-compliance.