Construction Law Board Certification by the TBLS

Under Section XIX of the rules for board certification in construction law in Texas, the definition for "construction law" includes: 

• construction dispute resolution through negotiation, litigation, arbitration, administrative hearings, mediation and other forms of dispute resolution, including the active management and oversight of such dispute-related matters; 

• construction lending, insurance and suretyship;

• knowledge of procurement and project delivery systems;

• drafting, negotiation, and operation of construction-related contract documents and provisions, including the active management and oversight of such transactional matters;

• knowledge of construction-related law, including applicable statutes and common law principles and doctrines; and

• construction claim development and presentation, including, but not limited to:
  • equitable claims arising from design and construction activities;
  • tort claims arising from design and construction activities;
  • judgment collection and enforcement;
  • injury and OSHA claims;
  • administrative claims;
  • private labor and wage claims (related to construction);
  • construction accident;
  • construction specific statutory claims (e.g. Prompt Pay Act, Trust Fund Act);
  • contract claims;
  • delay and special damages claims;
  • payment and performance bond claims;
  • construction and design defect claims; and
  • the analysis of mechanic's lien claims.

or the purposes of becoming board certified in Construction Law by the TBLS, the attorney must:

• show substantial involvement and special competence in Texas construction law practice by providing such information as may be required by TBLS; 
• show devotion to a minimum of 40% of his or her time practicing Texas construction law during each year of the 5 years immediately preceding application;
• provide information as required by TBLS concerning specific tasks he or she has performed in Texas construction law. In evaluating the attorney's experience, TBLS may take into consideration the nature, complexity, and duration of the tasks handled by the attorney;
• experience with procurement and project delivery systems, construction lending, insurance and suretyship;
• negotiation, preparation and operation of contracts and other documents related to construction law;
• show that he or she has engaged directly and substantially in a broad practice of Texas construction law within the 5 years immediately preceding application
• show specific involvement in at least two (2) of the areas below for each of the 5 years preceding application:
  • Construction dispute resolution through negotiation, litigation, arbitration, administrative hearings, mediation or other forms of dispute resolution.
  • Construction claim development and presentation including, but not limited to:
    • the analysis of mechanic's lien claims
    • payment and performance bond claims
    • construction and design defect claim
    • contract claims
    • delay and special damages claims
    • specific statutory claims related to construction (e.g. Prompt Pay Act, Trust Fund Act)
    • construction accident
    • injury and OSHA claims
    • administrative claims
    • private labor and wage claims related to construction
    • judgment collection and enforcement and negligence and other tort claims arising from design and construction activities.

To apply for board certification in construction law, the attorney must show by detailed response that he or she has engaged at a primary level of responsibility for a client or employer in, or has had active management and oversight of one or more attorneys involved in, at least one of the areas applicant submitted to satisfy Section B, 1, b, (1). 

The attorney must submit a resume or job summary reflecting activities for at least five (5) years or longer immediately preceding application.

For purposes of the initial application for certification, the attorney must submit a minimum of 5 names and addresses of persons to be contacted as references to attest to his or her competence in Texas construction law within the 3 years immediately preceding application.

These persons must be Texas attorneys who are substantially involved in construction law and familiar with the applicant's construction law practice. Those references can not be partners or associates of the attorney submitting the application.

When applying for recertification in construction law in Texas, the attorney must devote a minimum of 40% of his or her time practicing Texas construction law during each year of the 5 year period of certification as defined in Part II, A of the Specific Area Requirements for Construction Law except as provided for in Part I-General Requirements, Section VI, C, 1(b).

For purposes of recertification, the applicant must submit names of persons with whom he or she has had dealings involving construction law matters since certification or the most recent recertification.