Owners & Developers
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The Long and Winding Road: A City’s Path to Resolving Construction Disputes in 2026
By Amy M. Emerson and Bo Balagia
Written for the Texas City Attorneys Association 2026 Summer Conference
Filing a construction lawsuit in Texas, particularly involving governmental entities, requires navigating a series of requirements that can significantly affect timing, cost, and strategy. This paper examines the practical realities of those “hoops,” with a focus on how statutory requirements can create unintended barriers to efficient dispute resolution.
Using Texas Government Code 2272 as a primary example, the paper breaks down the statute’s pre-suit notice and defect reporting requirements, including the mandatory 150-day period before litigation for parties to inspect issues, assess damages, and respond. While Chapter 2272 was designed to encourage early resolution and allow defects to be addressed without litigation, in practice it can lead to extended delays and increased costs—particularly where owners and contractors dispute responsibility for alleged defects during the statutory response period.
The paper also addresses the certificate of merit requirement as another key pre-suit hurdle. Preparing a certificate of merit can be time-intensive and costly, and when paired with contractual limitations of liability, owners may find that the cost of compliance approaches or exceeds the potential recovery before a lawsuit even begins. This raises important strategic and financial considerations for public entities and those who represent them when evaluating whether and how to pursue claims.
Because some requirements—such as Chapter 2272—are relatively new with limited appellate guidance, and others—such as certificates of merit—are well-established but can be time-intensive and costly, parties often face uncertainty while attempting to comply. This paper highlights common pitfalls, practical considerations, and real-world implications, with an emphasis on understanding how these pre-suit requirements impact litigation strategy, budgeting, and risk assessment.