18CornerstoneSummer2026 agchouston.org L E G A L & L E G I S L A T I V E U P D A T E S BREAKING GROUND Did You Get the Message, and Does It Count? The legal consequences of text messages, group chats and informal digital communication on construction projects. ByKellieRosandCurtMartin,AttorneysatPeckar&Abramson,P.C. C ONSTRUCTION PROJECTS depend on a constant stream of communication, and today’s project teams have more com- munication tools than ever before. Superintendents text photos of field conditions, owners send approvals through WhatsApp, architects clarify design intent in Teams chats, and subcon- tractors coordinate sequencing through group texts. These channels are fast, con- venient and deeply embedded in modern project culture, yet the legal framework governing construction contracts has not evolved at the same pace. Many contracts still assume — or require — that notice, directives and approvals occur through formal written channels such as letters and emails to designated recipients or within structured project-management platforms. This disconnect creates significant legal risk, particularly for contractors who rely on informal messages as authorization for extra work or schedule changes. Courts are increasingly being asked to interpret text messages, chat threads and screenshots as evidence of notice, direction or waiver. The outcomes vary, but the trend is unmistakable: informal digital communication is now part of the project record, often with consequences the communicators did not anticipate. How Informal Messages Become Legally Significant On most projects, field personnel com- municate through whatever channel is most convenient. A superintendent may text the owner’s representative that a design conflict is delaying work, and the owner may respond with a quick, “Go ahead and fix it; we’ll sort it out later.” To the people on the ground, this feels like a directive. To the lawyers reviewing the contract months later, it may look like an unauthorized commitment. Infor- mal messages often contain approvals of submittals, authorization to proceed with extra work, clarifications of design intent, or requests for resequencing or acceleration. If these communications occur outside the contract’s formal notice provisions, they create ambiguity. If they’re difficult to retrieve and use as documentation, they create risk. And if they cannot be retrieved at all, they provide little protection. Contractors may believe they have authorization, while owners may later deny that the message constituted approval. Courts must then determine whether the informal communication sat- isfies contractual requirements or creates a binding commitment through waiver, modification or estoppel. Do Text Messages Constitute Contractual Notice? One of the most common disputes involves whether a text message or chat thread qualifies as “notice” under the contract. Some contracts, like ConsensusDocs forms, simply require “written” notice. Other contracts are more specific, requiring notice to be sent to a partic- ular individual or address, often within a defined timeframe and with required content. If a text message does not satisfy those contractual requirements, a con- tractor may have to argue substantial compliance. Depending on the facts, that argument may succeed, but contractors can avoid the issue altogether by treating commu- nication with the same discipline used in
