How to Start a Construction Company in Texas

Step 1: Name your Texas construction company

When it comes to naming your construction company in Texas, there are a few rules and considerations to keep in mind. Whether you’re forming a limited liability company (LLC), a corporation, or operating under a doing business as (DBA) name, the following guidelines apply:

• Unique and Distinguishable: Your business name must be unique and distinguishable from existing businesses in Texas. This helps avoid confusion and helps ensure that your company stands out. You can conduct a name availability search on the Texas Secretary of State’s website to check if your desired name is already in use.
• LLC and Corporation Naming: If you plan to form an LLC or a corporation, your company name should include a designator that indicates its entity type. For example, you could use terms like “LLC,” “Limited Liability Company,” “Corp,” or “Incorporated” in your business name.
• DBA Naming: If you choose to operate under a DBA name instead of your legal entity name, you need to file a “Certificate of Assumed Name” with the county clerk’s office in the county where your business is located. This allows you to conduct business under a name that’s different from your business’s legal name.

Remember, it’s essential to choose a name that reflects your construction business and resonates with your target audience. Ensure that the name is memorable, professional, and aligns with your brand identity. Conducting a thorough search and considering these naming rules will help you start your Texas construction company with a solid foundation.

Step 2: Develop a construction business plan

A well-developed business plan is crucial for your Texas construction company. It serves as a roadmap, guiding your decisions and attracting potential partners and/or funding. Your construction business plan should include an executive summary, describing your company and its objectives, along with a market analysis to identify competitors and explore opportunities.

Outline your organizational structure, highlighting key team members and their roles, all while emphasizing your construction specialties and unique selling points. Develop a robust marketing plan to acquire construction job leads through online marketing, networking, referrals, and targeted advertising. Additionally, consider the financial aspects of your business, including funding requirements and financial projections.

A well-crafted business plan demonstrates preparedness and increases your chances of success in the competitive construction industry. It keeps you focused on your goals and helps you avoid mistakes by making informed decisions as you navigate the Texas construction market.

Step 3: Choose a business entity type

When starting a construction company in Texas, it’s important to choose the right business entity type. Here are the main options to consider and their pros and cons:

• Sole Proprietorship: This is the simplest and most common structure for small businesses. As a sole proprietor, you have complete control over your business. However, you are personally liable for any debts or legal issues that arise, which puts your personal assets at risk.
• Partnership: If you’re starting the construction company with one or more partners, a partnership structure may be suitable. Partnerships can be general partnerships, where all partners share liability and decision-making, or limited partnerships, which offer limited liability for some partners. Partnership agreements should be drafted to outline responsibilities, profit-sharing, and dispute resolution.
• Limited Liability Company (LLC): An LLC provides limited liability protection for its owners (called members). This means that personal assets are typically not at risk in case of business liabilities. LLCs also offer flexibility in management and tax advantages, as profits and losses can be passed through to members’ personal tax returns. However, forming an LLC requires filing formation documents with the Texas Secretary of State and paying filing fees.
• Corporation: A corporation is a separate legal entity from its owners (shareholders). It offers the highest level of personal liability protection, as shareholders’ personal assets are generally protected. Corporations have a more formal structure, requiring bylaws, shareholder meetings, and other corporate formalities. They also have more complex tax requirements and may be subject to double taxation.

Ultimately, the choice of business entity type depends on factors such as personal liability protection, tax considerations, management structure, and long-term business goals. Consulting with a business attorney or accountant can help you make an informed decision based on your specific circumstances and objectives.

Step 4: Find a location in Texas

When selecting a location for your Texas construction company, there are a few aspects to address. For starters, ensure that your chosen site complies with local zoning regulations (and obtain permits if need be). Accessibility is also essential, so choose a location that is easily reachable by road and has adequate parking. Assess the local competition and also evaluate the market demand for construction projects in the area to help ensure a steady flow of work.

By addressing these concerns, you can find a suitable location that meets your construction needs and sets the foundation for successful project execution.

Step 5: Get contractor licenses and permits

To operate a construction company in Texas, you’ll need to obtain various licenses and permits. Here are the key ones to consider, along with important points regarding Texas’s requirements:

• Contractor’s License: In Texas, general contractors may need to obtain a license at the city or county level (there is no statewide license for general contractors). Meanwhile, specialty contractors may require specific licenses at the state level. The exact licensing requirements can vary based on the exact specialty, so it’s crucial to research and comply with the Texas Department of Licensing and Regulation (TDLR) guidelines.
• Government Contracts: If you plan to work on government projects, additional licensing or registration may be necessary. For federal contracts, you’ll need to register as a federal contractor through the System for Award Management (SAM).
• Bonding: While not required by the state of Texas, bonding may be necessary for certain construction projects or contracts. Bonds provide financial protection to clients and ensure contract fulfillment. It’s important to understand bonding requirements and consult with an insurance provider to determine if bonding is necessary for your specific projects.
• General Business License: In addition to construction-specific licenses, you may need a general business license. Texas doesn’t require this at the state level, but there’s a chance your city or county might.
• Sales Tax License: If you engage in selling construction-related products or services, you may need to obtain a sales tax license from the Texas Comptroller of Public Accounts. This allows you to collect and remit sales tax appropriately.
• Other Permits: Depending on your location and the scope of your construction activities, you may need additional permits such as building permits, zoning permits, environmental permits, and health permits. Compliance with federal and state regulations from agencies like the Occupational Safety and Health Administration (OSHA), the Environmental Protection Agency (EPA), and the Department of Housing and Urban Development (HUD) is essential. Consulting with an attorney familiar with construction law can help ensure you’re in compliance.

Researching what licenses and permits you need can feel like a big task, especially in construction. If you need help, why not let ZenBusiness handle it? Our business license report makes it easy; we’ll compile a list of the licenses you need so you can get back to building your business.

Step 6: Register for taxes in Texas

When starting a construction company in Texas, it’s important to understand and comply with the tax obligations. Here are the key steps to register for taxes:

1. Obtain an Employer Identification Number (EIN): An EIN is a unique identification number issued by the Internal Revenue Service (IRS) and is required for most businesses, especially in construction. You can apply for an EIN online through the IRS website. This number is used for tax filing, hiring employees, and other business-related activities.
2. Register for state taxes: In Texas, you’ll need to register for state taxes with the Texas Comptroller of Public Accounts. This includes sales and use tax, franchise tax, and any other taxes specific to your construction business. You can register online or by submitting the necessary forms to the state tax authority.
3. Register for local taxes: Depending on the city or county where your construction company is located, you may also have to register for local taxes. This can include local sales tax, property tax, or any other taxes imposed by the local jurisdiction. Contact the appropriate local tax authority to determine the specific requirements and registration process.

By obtaining an EIN and registering for state and local taxes, you help ensure compliance with tax obligations and avoid potential penalties or legal issues. It’s recommended to consult with a tax professional or accountant to understand the specific tax requirements for your construction business in Texas.

Step 7: Plan your financials

Effective financial planning is essential for a start-up construction company. Let’s chat through four key focus areas.

Determine your pricing

Consider different pricing models to determine the most suitable approach for your construction company. You may choose to use fixed pricing, where you provide a set price for specific projects or services. Alternatively, you could use time and materials pricing, which involves charging clients based on the actual time and materials used. There are also other pricing strategies to choose from. Evaluate market rates, your costs, and profit margins to establish competitive yet profitable pricing.

Calculate your construction company startup costs

Determine the initial costs required to start your construction business. This includes equipment costs, permits and licenses, insurance, marketing expenses, and any other relevant expenditures. When it comes to equipment, carefully assess whether it’s more cost-effective to buy, rent, or lease. Buying may be a long-term investment, while renting or leasing can provide flexibility, especially if you have short-term projects or varying equipment needs.

Open a business bank account

It’s important to separate your personal and business finances by opening a dedicated business bank account. This allows you to track income and expenses accurately, simplifies tax preparation, and establishes a professional image. Research different banks and their offerings to find an account that suits your business needs.

Set up accounting systems

Implement effective accounting systems to track your financial transactions and maintain accurate records. Consider using accounting software or hiring an accountant to handle bookkeeping, invoicing, and financial reporting. Establishing proper systems from the start will help you manage cash flow, monitor profitability, and meet tax obligations.

By planning your financials effectively, you can ensure the financial stability and growth of your start-up construction company. Regularly review and adjust your financial strategies as your business evolves. Seeking guidance from financial professionals, such as accountants or business advisors, can provide valuable insights and help you make informed decisions.

Step 8: Fund your Texas construction company

Securing funding for your Texas construction company is crucial for its success and growth. There are plenty of options to consider, too. For starters, you could pursue self-funding through personal savings or assets. You could also explore traditional loans from banks or financial institutions or and investigate Small Business Administration (SBA) loan programs. Alternative financing options like crowdfunding or partnerships with investors can also provide capital. If you’re going to pursue a loan, make sure you have your business plan and financial projections on hand to present to potential lenders or investors.

There isn’t a one-size-fits-all funding option. You’ll need to carefully evaluate how much capital you need, your debt tolerance, and more.

Step 9: Get insurance

Insurance plays a crucial role in the construction business, providing financial protection and mitigating risks. Here are several types of business insurance that are important for a construction company:

• General Liability Insurance: This coverage protects your business from third-party claims of property damage, bodily injury, or personal injury arising from construction activities.
• Workers’ Compensation Insurance: While Texas doesn’t technically require workers’ comp, it’s highly recommended. Workers’ comp provides medical benefits and wage replacement to employees who are injured or become ill due to work-related activities. Not having workers’ comp can lead to legal consequences and potential lawsuits.
• Unemployment Insurance: This insurance provides temporary financial assistance to employees who lose their jobs through no fault of their own. It helps to comply with state requirements and provides support to employees during unemployment.
• State Disability Insurance: This insurance covers partial wage replacement for employees who are unable to work due to non-work-related illnesses or injuries.
• Property Insurance: This policy protects your construction equipment, tools, and property against damage or loss caused by theft, fire, vandalism, or natural disasters.
• Vehicle Insurance: This insurance covers your construction vehicles and provides liability coverage in case of accidents or damage caused by your vehicles.

Additional types of insurance to consider may include professional liability insurance (errors and omissions), builder’s risk insurance, inland marine insurance (for equipment and tools in transit), and umbrella insurance to provide additional liability coverage beyond the limits of your other policies.

It’s crucial to work with an insurance professional experienced in the construction industry to determine the specific insurance needs for your business. Adequate insurance coverage helps safeguard your assets, protect your employees, and provide peace of mind in the event of unforeseen circumstances or accidents.

Step 10: Find construction company suppliers and negotiate prices

Finding reliable suppliers and establishing a mutually beneficial relationship with them is important for a construction company. Doing that takes a few basic steps. First, research and identify potential suppliers through online directories, trade publications, and networking events. Evaluate their capabilities and assess factors like product quality, reliability, and customer service.

Next, request detailed quotes or proposals from selected suppliers and compare pricing, payment terms, and other considerations. After that, you can negotiate aspects like price adjustments, volume discounts, and value-added services. Once you choose your suppliers, maintain open communication, provide feedback, and build trust to foster a strong and collaborative relationship.

Step 11: Hire employees

When hiring employees for your construction company, it’s important to follow proper procedures and comply with regulations. Begin by conducting a job analysis and creating comprehensive job descriptions. Advertise job openings, screen applicants, and select the most suitable candidates. Provide employment contracts that comply with employment laws. 
Prioritize workplace safety, follow OSHA regulations, and create a safe work environment. Familiarize yourself with federal and state employment laws, such as minimum wage requirements and anti-discrimination laws. Establish employee benefits and ensure accurate payroll processing.

Step 12: Promote your Texas construction company

Implementing effective marketing and advertising strategies is essential for the growth of your construction company. Identify your target audience and develop a strategic marketing plan to reach that audience. You’ll also need to build a strong online presence through a crisp logo, professional website, and social media platforms. If you can, attend industry events and network with other professionals. 

Last but not least, learn how to effectively bid on construction projects to secure lucrative contracts and expand your business. This process can entail some trial and error as you learn to pitch a great price for your client that also generates a profit for your business. But once you learn the best way to bid, you’ll be well on your way to success.

We can help!

At ZenBusiness, our LLC formation and corporation formation services can get your construction company started at $0, taking care of the paperwork and compliance requirements. Our registered agent service and worry-free compliance help ensure smooth operations since our expert team provides the support you need to focus on your business. With ZenBusiness, you can hit the ground running and build a successful construction company with ease.