Construction Law

Our construction practice group has extensive experience with clients in virtually every aspect of the industry. We understand and have been involved with all phases of construction from finance, planning, building and design, to construction and post-construction management. We have represented owners, developers, contractors, subcontractors, suppliers, distributors, manufactures, architects, engineers and consultants. Whether it is understanding the complexities of contractual indemnity agreements or finding knowledgeable experts to testify regarding obscure construction defect issues, chances are our practice group already has a problem-solving approach for the issue. Trying cases and arbitrating disputes through the years has helped bring into focus many of the issues which eventually lead to litigation in the first place. One of our goals is to guide our clients' business practices to avoid litigation and arbitration. In this regard, we help our clients with asset protection through the choice of appropriate business entities, drafting contracts, interpreting contracts, interviewing witnesses, conducting pre-suit investigations, risk-management analysis, and aggressively negotiating disputes before formal action is required.

Of course even the most prudent companies with polices and procedures that meet or exceed the standard of care can still find themselves faced with the unavoidable reality of litigation. When this happens, our lawyers are experienced with litigating and trying cases in virtually all aspects of construction practice including the defense and prosecution of cases involving breach of contract, negligence, breach of express and implied warranties, DTPA, fraud claims, death or personal injury, nonpayment and defective design and construction issues. Our active trial practice frequently finds us in both state and federal courts as well as the various courts of appeal.

Representative Experience:

• Successfully defended a mechanical contractor who installed underground storm sewer lines on a large tilt wall construction project in Irving. The general contractor alleged improperly compaction of soil after installation caused damage to large areas of concrete poured over the sewer lines. Prior to arbitration, the claims were dismissed and our client recovered all of the retainage fees under the contract and attorneys fees associated with the defense and prosecution of its counterclaims.
• Representation of commercial contractor who constructed an apartment complex in New Orleans Louisiana in an arbitration alleging certain defective design and construction defects caused water infiltration through the exterior stucco which resulted in seven figure damages. The case was originally filed in Louisiana State court where it was perceived that he adverse party would have a strong venue advantage. We successfully removed the case to Federal Court and had a Federal court judge review a disputed arbitration provision. Subsequent to an order compelling arbitration, we were able to mediate a negotiated settlement with the owner and all of the subcontractors that did not require any payments from our client or its insurance carriers.
• Represented a large commercial window manufacturer sued in nationwide litigation by a major hotel chain alleging that defects in our client’s products contained defects or were improperly installed which caused water intrusion and mold in numerous sites throughout the country. After significant discovery and investigation we were able to prove that the defects experienced at these facilities was proximately caused by the construction methods and products used by the various EIFS manufacturers who were involved with the prototype and subsequent units. We then negotiated a global settlement for our client with a release of all claims.