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Careers in Construction Month: A Q&A on Construction Law with Matt R. Talley
October is Careers in Construction Month – a time to recognize the wide range of people and professions that keep the construction industry moving. While most attention rightfully falls on the trades, jobsite operations, and design work, the industry relies just as heavily on the legal professionals behind the scenes who assist in getting projects off to strong start or across the finish line. Legal teams play a critical role in keeping timelines, budgets, and quality aligned – supporting clients with contracts at the front end, advising throughout the project to manage risk, and addressing disputes during project closeout and other pivotal issues.
To shine a light on this often-overlooked side of the industry, Allensworth partner and transactional construction attorney Matt Talley shared his experience in construction law. In this Q&A, Matt discusses common misconceptions about his practice, the challenges and opportunities facing new professionals, and how shifts in the Texas construction market, technology, and the economy are reshaping the legal side of construction.
Though his own career path led to law, Matt’s connection to construction has deep roots. Both of his grandfathers worked for Bell Telephone Company, maintaining telephone infrastructure. His father and great uncle later continued in telecommunications through a contracting business that served the region, and his father remains in gas infrastructure work today. While that background didn’t overtly influence Matt’s decision to pursue construction law, it undoubtedly shaped his perspective and appreciation for the work that builds and maintains our communities. His path into the field took shape through mentorship from partners and colleagues early in his career, an experience that continues to guide his practice and inspire his own commitment to mentoring the next generation of construction attorneys.
1) What do you think is the biggest misconception about practicing construction law? What might people not fully understand about construction law or your practice in particular?
One of the biggest misconceptions is that construction lawyers are only focused on case law or the fine print in contracts. In reality, our role is much broader – we’re there to help our clients understand market trends, analyze key risk factors and ultimately move their business forward by closing the right deals. Our team does this by weaving together insurance, construction, and contract law to help the clients mitigate risk. What people often don’t realize is that this work isn’t just about stepping in when there’s a dispute – it’s about anticipating challenges before they arise and ensuring that the agreements clients sign reflect the realities they’ll face during design, construction and after the project is complete.
At its core, every construction project revolves around two inseparable issues: time and money. A change in one inevitably affects the other. Extending the schedule often increases costs, while cutting costs can compromise quality. Even so, we still see contracts that treat these obligations in isolation. We aim to help clients see the bigger picture by asking: If the timeline shifts, how will expenses be affected? If costs rise, what protections exist to maintain quality? By framing these questions together, we guide clients in making informed decisions that balance these priorities, rather than treating them as standalone concerns.
And this doesn’t just apply to construction contracts – it starts even earlier, with design agreements. Those are often the first contracts signed on a project, when owners engage architects, engineers, or other professionals to lay the groundwork. Because those agreements shape so much of what follows, the terms can significantly influence the project’s delivery date, overall budget, and the final product. This is why I always encourage getting an attorney involved from the very start, to help translate, negotiate, and weave together these agreements to form a cohesive contracting structure for the project as a whole.
2) What are the main challenges facing people starting a career in this field? For students headed into the broader construction industry, why does understanding the legal landscape matter?
Starting out in a specialized practice like construction law comes with a steep learning curve. Right out of law school, you’re not only figuring out how to be a professional and manage the demands of practice, but also learning the vernacular, norms, and customs of an entire industry. That fluency is critical, because our value isn’t just in knowing the law – it’s in applying it within the realities clients face on their projects. Unlike broader areas of practice, where knowledge develops case by case, construction law demands an understanding of the industry as a whole and how its many moving parts connect. It comes with time and mentorship, and the continuous absorption of knowledge.
And for students or young professionals entering the construction industry more broadly, a working understanding of the legal landscape is just as important – contracts, compliance, and risk allocation shape every project. Even if you’re not a lawyer or law student, knowing how the law intersects with your role and when to seek legal guidance will help avoid pitfalls and allow for more effective work with the entire project team.
3) How do you translate complex legal issues into clear, actionable guidance for clients?
This is what every client wants. Every client wants guidance that’s clear and practical, but each client wants it a little differently. Construction projects involve layered, nuanced legal provisions, so we’ve found it most effective to focus on practical application and real-world implications to make them more understandable – taking complicated legal issues and distilling them down to their essential parts. Ultimately, our job is to meet clients where they are and provide enough information to help them feel empowered to act confidently. Our team’s experience lets us cut through the noise, call out key risks, and deliver recommendations that are immediately actionable.
4) On today’s construction projects, is the Allensworth team seeing more collaboration or more conflict – and why?
Right now, we’re seeing a bit more conflict, mainly because developers and project owners are under added pressure to deliver projects quickly amid higher interest rates. On private projects in particular, this often shows up in discussions around change order pricing and schedule adjustments.
5) How is the field evolving, and where are the new opportunities you’re seeing? How has Texas’s construction boom affected this practice area?
The construction law field has changed significantly, and that shift has opened the door for greater specialization. For me, it’s meant moving away from a litigation-heavy practice to one focused squarely on the transactional side. Not long ago, it was far less common for clients to bring in outside counsel on contracts. Now, more industry participants recognize the value of early legal insight to head off costly disputes before they start.
That trend toward specialization is reinforced by Texas’s construction boom. The sheer volume of work allows lawyers to drill deeper into narrower subsets of construction law, while at the same time exposing us to a broader mix of projects. In Central Texas especially, we’re seeing a rise in technology-driven facilities, like data centers, alongside a surge of infrastructure projects fueled by new funding at the state and federal level. That variety expands our market knowledge and highlights the versatility of our team in serving a wide range of client needs.
The pace and pressure of the market also shape our role. When construction is hot, we help clients move quickly – getting projects to market efficiently while protecting their interests. And in slower cycles, when deal flow tightens and costs are under scrutiny, we shift to helping clients manage risk, preserve value, and navigate those tougher economic conditions. Either way, the opportunities lie in guiding clients through an industry that’s always evolving.
6) How are technology shifts changing the legal side of construction?
Our firm is exploring how to implement AI and other technologies to benefit both our clients and our practice, while ensuring that our hands-on experience remains the foundation of our work. AI is a tool, not a substitute for judgment, and our priority is to maintain the high level of service we’re known for while learning to leverage technology as it becomes increasingly prevalent in the industry.
So far, much of the technological development is embedded in project management software used by contractors, but I expect the most significant innovation will be on the design side. Some design professionals are already experimenting with AI to help with the design process, which raises new legal and contractual questions. In recent matters, our role has been to help owner clients vet contractor-provided technology and manage the risks associated with it. My biggest concern is ensuring that owners have proper access to the available tools, and that the risks tied to their use are adequately covered.