Construction Litigation requires a knowledge of the rules of liens, construction customs and the realities of business litigation.
You are a contractor that worked hard to bid against other contractors just to get the job and now that you have completed the project, the owner or general contractor will not pay. Or worse, you have been dragged into a dispute that you cannot resolve yourself with other trades or hands that were injured on the job. If you have a question, send us an email by clicking here.
We are Dallas, Fort Worth construction attorneys and lawyers that collect money owed to their contractor and subcontractor clients. We also defend contractors and subcontractors that have been sued, regardless of the basis of the lawsuit. This includes, among other things construction accounts, subcontractor issues, mechanic’s liens, injured worker and related litigation.
Our goal is for these pages to be a resource for our construction clients and friends that can be referenced quickly. There is a great deal of information on these pages for contractors and subcontractors about liens and how to file them correctly. If there is a topic you would like to see covered here, please contact us and we’ll add it.
We are Dallas Lien Lawyers and Attorneys located in Dallas, Texas, USA. Our email is checked constantly during the week and frequently during the weekend. Please do not hesitate to contact us by whatever method is most convenient for you.
Who We Represent
Cook Keith & Davis represents the parties who build Texas, the contractors, subcontractors, materialmen, laborers, and suppliers who provide the work and materials that make construction projects possible. If you are any of the following and you have not been paid, we can help:
- General contractors who have a direct contract with the property owner
- Subcontractors hired by a general contractor
- Sub-subcontractors and specialty trade contractors
- Materialmen and suppliers who delivered materials to a project
- Laborers who performed work on the job
- Architects, engineers, and surveyors
We also represent property owners and general contractors who have been sued by subcontractors or who are defending against a lien filed in error.
Deadlines in Your Case
Texas mechanic’s lien law is built around hard deadlines. Miss the deadline to file your lien affidavit and your lien rights are permanently gone, with no court that can revive them. Miss the deadline to foreclose your lien in court and the lien becomes unenforceable, even if it was filed perfectly.
These are not flexible guidelines. They are statutory cutoff dates, and they apply equally whether you knew about them or not. Contact us as soon as you realize you are not going to be paid voluntarily. Every day of delay is a day closer to the loss of your lien rights.
What We Do to Collect Money Owed to You
Depending on your situation, who you contracted with, what stage the project is at, and what has already been paid, our tools for collecting unpaid construction money include mechanic’s lien filings, funds trapping notices, retainage claims, lien foreclosure lawsuits, and construction trust fund claims. We have been doing this since 1994 and we know which tools produce results in which situations.
Serving Contractors Throughout Dallas-Fort Worth
Cook Keith & Davis is located in Dallas and represents contractors and subcontractors on projects throughout the Dallas-Fort Worth metroplex and across Texas. We regularly handle lien matters in Dallas County, Tarrant County, Collin County, Denton County, Rockwall County, Ellis County, Kaufman County, and Johnson County. We also represent out-of-state contractors who performed work on Texas projects.
The firm was founded by Darrell W. Cook in January 1994. Darrell is a former CPA who began his career with international accounting firms before earning his law degree from Southern Methodist University. That accounting background gives the firm an analytical advantage in construction disputes where the money trail matters as much as the legal argument.
Frequently Asked Questions
I did the work and the contractor won't pay me. What can I do?
Texas gives contractors and subcontractors powerful tools to collect unpaid money. Your options include: filing a mechanic's lien on the property, which creates a legal claim against the real estate and makes it difficult for the owner to sell or refinance without addressing your claim; sending a funds trapping notice to freeze money still held by the property owner before it is paid to the GC; filing a breach of contract lawsuit directly against the party who owes you money; and pursuing a trust fund claim if the party who received payment diverted it away from paying you. The right approach depends on your specific situation, who owes the money, how far along the project is, and how much time remains before your deadlines expire. Contact us as early as possible.
Can I hire Cook Keith & Davis if I am based outside of Texas?
Yes. We regularly represent out-of-state contractors and subcontractors who performed work on Texas projects. If the project is in Texas, your location does not prevent us from helping you.