Real Estate and Construction

"If a man is called to be a streetsweeper, he should sweep streets even as Michelangelo painted or Beethoven composed music or Shakespeare wrote poetry. He should sweep streets so well that all the hosts of heaven and earth will pause and say, 'Here lived a great streetsweeper who did his job well.'"

-- Martin Luther King, Jr.

The realm of real estate law is broad and expansive with far-reaching implications, encompassing owners' rights, zoning and land use issues, foreclosures, acquisition, disposition, lending, property development, eminent domain and landlord/tenant relations. The Firm is well-versed in all areas of real estate law, including the representation of buyers and sellers of commercial properties, lessors and lessees in retail, commercial, and industrial leases, related entity formation and structuring, and tax consequences of real estate transactions. Additionally, the Firm commonly litigates matters related to various aspects of real estate and related transactions.

The Firm also has extensive experience representing clients in every aspect of the construction industry in both litigation and transactional matters. The Firm understands the complexity of issues associated with building design and construction. The Firm represents owners, developers, contractors, subcontractors, suppliers, distributors, manufacturers, architects, and engineers.

Whether the situation you face requires a pre-suit investigation, or defending an arbitration or lawsuit pending in state or federal court, the Firm can take on these issues for you and guide your business through the plethora of claims and matters that will be presented to you in litigation. The Firm's full range of litigation services includes, but is not limited to, defense and prosecution of breach of contract, negligence, breach of express and implied warranty, DTPA, or fraud claims involving property damage, death or personal injury, nonpayment, and defective design/construction in state and federal courts; mediations; arbitrations; and, pre-suit investigations and recommendations concerning potentially liable parties.

The Firm's full range of transactional services includes, but is not limited to, contract drafting, review, and negotiations; bidding and bid protests; construction administration support such as assistance in terminating defaulting parties, interim payment/backcharge disputes, closing out projects, and filing/defending against lien and bond claims; negotiating pre-suit settlements for disputes arising out of major construction-related incidents such as structural failures, bankruptcy, catastrophic loss of the project due to fire/Acts of God, and differing conditions; preparation of claims for wrongful terminations and claims for delay/acceleration, differing conditions, loss of overhead, and unpaid change requests.

REPRESENTATIVE EXPERIENCE

The following are examples of services previously provided (results may vary), but this is not an exhaustive list of prior representation:

Real Estate

After a two week trial obtained a favorable settlement whereby client received real property in Denton and Dallas counties valued at over $35 million, including a $16 million shopping center.
Defended and obtained a take nothing summary judgment securing the dismissal of inverse condemnation claims under the Fourth, Fifth, and Fourteenth Amendments of the United States Constitution and state law private nuisance claims in federal court on behalf of a municipality pertaining to the construction of Dallas Cowboys Stadium (now AT&T Stadium) and the traffic management plan for events. Defendant’s summary judgment was affirmed by the Fifth Circuit on appeal.
On appeal, after being retained after judgment was entered, overturned findings made against the client for fraud, breach of fiduciary duty, and negligent misrepresentation in relation to an alleged real estate development plan and plaintiff was determined to take nothing.
After being retained three years following the initiation of the lawsuit obtained a take nothing summary judgment on behalf of real estate agents charged with negligence, fraud, fraud in a real estate transaction, and violations of the Texas Deceptive Trade Practices Act by asserting previously un-pled affirmative defenses and obtained dismissal in only three months.
Negotiated and drafted agreements for the sale of real property sold for in excess of $6 million to avoid condemnation in a heavily publicized dispute with a school district.

Construction

Obtained a verdict in excess of $800,000.00 on behalf of a shopping center owner in a dispute with a roofing contractor pursuant to claims for breach of contract, negligence, breach of express warranties, breach of implied warranties, and violations of the Texas Deceptive Trade Practices Act.
Defended and obtained a take nothing verdict at trial on behalf of a construction contractor in a breach of contract action and obtained a verdict in favor of client on counterclaims for fraud, conversion, and harassment.
Represented shopping center owner in multi-million dollar construction defects matter in arbitration proceeding that ultimately favorably settled for the shopping center owner.
Represented a homeowners association in a dispute with its insurance carrier and insurance agent relating to a denied hail damage claim for a slate tile roofing system and favorably resolved the dispute.
Defended and obtained a take nothing summary judgment on behalf of an engineer in a construction defects case.
Defended subcontractor in a multi-party dispute relating to injuries on a construction site and ultimately settled matter for pennies on the dollar.
Defended municipality in a multi-party dispute in which a group of contractors argued the municipality charged building fees in violation of the Texas Constitution and the United States Constitution.
Represented homeowners in a dispute with a general contractor relating to faulty construction and installation of the foundation and ultimately successfully resolved the dispute.
Defended and obtained a take nothing summary judgment on behalf of a general contractor who was sued for allegedly failing to properly install stucco on a high-end custom home.
Represented and recovered damages for a shopping center owner in an arbitration proceeding whereby the owner claimed the contractor failed to properly install a TPO roof and failed to properly apply stucco.
Defended and obtained a take nothing summary judgment on behalf of a subcontractor in a fatality whereby a sub-subcontractor failed to observe fall protections when exiting the roof.
Enforced a delay provision in a construction contract and obtained liquidated damages when the contractor argued the liquidated damages provision was an unenforceable penalty.
Represented a subcontractor in a dispute whereby the owner of a condominium project alleged the contractor’s services and defects led to water intrusion.
Defended shopping center owner in a dispute with an electrician over payment of contractor services in a matter in which the electrician’s services were determined to be faulty.
Drafted commercial and residential construction contracts on behalf of owners.
Drafted lending documents for construction projects.