Construction/Surety Law


In the construction business, thorough planning is a key component of success.  But even the best plans can be delayed by unforeseen obstacles, thereby putting your schedule, profit and reputation on the line.  Sometimes the only way forward is through legal action.

The attorneys of Coats Rose know construction and surety law.  It’s been a cornerstone of our practice for more than 25 years, and our attorneys are the best in the business - because they know the business of construction.

We have over twenty attorneys with experience representing a variety of public and private sector clients in matters ranging from arbitration of international disputes, single family developments, large vertical commercial construction and renovation to road and bridge building, industrial facilities, public works and professional sports venues. 

These same attorneys frequently represent the surety industry, providing underwriting and claim advice for a wide range of surety products. In fact, our Firm’s attorneys represented the surety industry in several cases of first impression in Texas. They played a major part in the elimination of so called “bad faith” causes of action against sureties from each perspective: the claimant, the principal, and the indemnitor.

From its inception, Coats Rose has acted as counsel for the Houston Chapter of Associated General Contractors, the nation's largest and oldest construction trade association.  Our firm's lawyers are members and leaders of almost every major construction and surety industry organization:

  • Co-founders and executives of Construction Section of The State Bar of Texas and Construction Section of the Houston Bar Association
  • ABA Forum on the Construction Industry
  • Surety Claims Institute
  • National Bond Claims Association
  • Associated General Contractors of America
  • Association Of Builders and Contractors
  • Greater Houston Builders Association,
  • Texas Association Of Builders,
  • Fidelity and Surety Law Committee of the Tort and Insurance Practice Section of the ABA (past program chairs for two Mid Winter Meeting Programs)
  • Southern Surety Association
  • Defense Research Institute
  • Texas and Houston Bar Construction Law Sections
  • San Antonio Chapter of Associated Builders and Contractors (ABC)
  • San Antonio Chapter of Associated General Contractors (AGC)
  • San Antonio Chapter of Construction Financial Management Association (CFMA)
  • Greater San Antonio Builders Association
  • Greater San Antonio Chamber of Commerce

They have also been instrumental in developing the Texas Residential Construction Liability Act and the Texas Residential Construction Commission Act, participating actively within both to administer claims in residential construction.

When legal action stands between you and a successful project completion, our attorneys will find a successful resolution and get you moving again.  We’ve done the same for clients in all Texas courts and 25 other states. 

Areas of Practice

  • Litigation in construction defect, general liability, tort and mass tort defense
  • Preparation, arbitration and litigation of contract claims and bid protests
  • Defense of construction defect claims
  • Development of construction contracts, purchase and sale agreements, master subcontract agreements, warranty documents and disclosure forms.
  • Enforcement of mechanics' and materialmen's lien rights, in addition to the defense of owners and general contractors.
  • Representation of construction payment and performance bond sureties
  • Preparation of specialized underwriting documents (collateral receipts, indemnity agreement riders, bond riders, specialized LOC forms, etc.).
  • Representation of fidelity carriers and sureties related to contract, court and miscellaneous bonds, and fidelity policies.
  • Administration of construction claims other than contract bonds, such as probate and court bonds.
  • Evaluation, negotiation and documentation of construction financing.
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