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About Richard

Richard Whiteley, co-chair of the firm's construction litigation practice group, enjoys solving complex problems for his clients in an adversarial context, and believes an aggressive strategy of always preparing a case like it will ultimately go to trial is the best way to achieve the most favorable outcome. Richard has a wide range of experience in trial work and arbitration, with an emphasis on construction litigation, intellectual property litigation, products liability litigation, real estate litigation, and other types of commercial litigation. Richard has tried and arbitrated cases involving general contractual disputes, patent infringement, construction defects, manufacturing defects, trade secret misappropriation, trademark and copyright infringement, products liability, defamation, fraudulent transfers, real estate disputes, business disputes, deceptive trade practices, personal injury, and premises liability.  In addition, Richard has experience with obtaining extraordinary and injunctive relief for clients, including temporary restraining orders, temporary injunctions and other writs.  Richard has written numerous articles relating to construction contracts and litigation, including but not limited to force majeure issues, indemnity issues, consequential damages, defect claims, product liability issues, and effective construction contract drafting and negotiation and has been recognized as one of the more experienced construction lawyers in Texas.

Working with Richard is a pleasure; he's knowledgeable, smart and diligent in his responses...He has a great bedside manner, he's incredibly smart and he's accessible. His preparation is excellent and he's not afraid to go to trial
Chambers USA, 2022

Experience

Recent Notable Matters

Museum of Fine Arts Houston — representing client in construction litigation in Harris County, Texas against its architects regarding delay claims on a $250 million campus redevelopment project

Cementaid International Marketing, Ltd. — obtained favorable settlement for client in regards to product defect claims asserted against waterproofing agent arising from Millennium Towers litigation in San Francisco

Westlake Chemical — obtained jury verdict of non-infringement for Westlake in a case involving allegations of patent infringement relating to a process for making polyolefin based adhesive resins with damages sought in excess of $30 million

NCI Group Inc. — obtained favorable take nothing judgment for client after a three week jury trial in a case regarding claims of construction defects, products liability, deceptive trade practices, tortious interference and defamation related to sixteen construction projects in Texas, Oklahoma and Florida

Parex inc. — defended manufacturers of siding materials in jury trial against claims of products liability and obtained take nothing jury verdict for client

Baker Hughes Incorporated — obtained jury verdict in favor of the oil field services provider in a patent ownership dispute brought by a former employee of a new product development firm

Adell, Harriman & Carpenter — successfully defended investment advisor in a jury trial for breach of investment agreement and obtained take nothing judgment

Individual — obtained favorable jury verdict for client in personal injury case that was fifteen times the amount of the final settlement offer

Opportune — representing client in prosecuting a misappropriation of trade secrets case in Harris County, Texas

Texas Medical Center — assisted client in favorably resolving a ground lease dispute in the Texas Medical Center complex

Graham Media Group, Houston, Inc d/b/a KPRC — represented local NBC affiliate in dispute regarding defective construction issues on the site of its new broadcast station

Cheniere Energy — assisted client in responding to and favorably settling claims of patent infringement

JCBG, Inc. d/b/a West Houston Infiniti — obtained favorable settlement for client in prosecuting claims for defective construction and workmanship against general contractor related to car dealership remodeling and garage construction

OST/Almeda Corridors Redevelopment Authority — representing client in dispute regarding delay and defect in relation to redevelopment of Emancipation Park

City of Port Arthur, Texas — declaratory judgment action seeking to invalidate Bridge City’s extension of its ETJ into Port Arthur

Houston Endowment — negotiated and drafted the construction agreements and underlying bid document for a new $25 million headquarters building, designed by the winner of an international design competition, that will provide more space to work collaboratively with community partners and more accessibility to the people they serve

Resource Environmental Solutions — assisted client with negotiation and drafting of construction contract for stormwater management and nutrient reduction project

Forefront Living — assisted client with negotiating and drafting construction contracts for an 18 acre senior living complex in Plano, Texas

The Menninger Clinic — assisted client in negotiating and drafting construction contracts for new headquarters office building

Memorial Park Conservancy — assisted client in negotiating and drafting construction contracts for the Eastern Glades and Landbridge projects

The Post Oak School — assisted client in negotiating and drafting construction contract for new school building

Concho Resources Inc. — assisted client with drafting construction and master service agreements

Sandbox Logistics, LLC — obtained summary judgment for client on trademark infringement claim against competitor

M.D. Anderson Physicians Network — successfully defended client and favorably settled dispute regarding Texas Public Information Act claims

South Texas Accelerated Research Therapeutics, LLP — successfully settled misappropriation and theft of trade secrets case for client in Western District of Texas

Radler Enterprises, Inc. — assisted client with negotiating a settlement against general contractor relating to construction defect claims in office building

Montgomery County Municipal Utility District No. 9 — successfully settled dispute for client against contractor relating to a defectively constructed water well

Farouk Systems Inc. — obtained favorable settlement for commercial property owner in case alleging defective concrete and foundation in 100,000 square-foot warehouse

Cornerstone Building Brands — favorably settled claims against client regarding misappropriation of trade secrets

Gulf Coast Water Authority — assisted client with condemnation dispute

Atlantic Methanol Production Co. — obtained favorable settlement for client before the American Arbitration Association in construction dispute related to methanol facility

Brownsville Public Utility Board — obtained judgment for client denying request for mandamus relating to Texas Public Information request

Baker Hughes Incorporated — obtained favorable settlement for client before the American Arbitration Association in defending against claims of breach of software license agreement related to oilfield technology iPad application

Atlantic Methanol Production Co. — obtained favorable settlement for client before the American Arbitration Association in construction dispute related to methanol facility

Baker Hughes Incorporated — obtained favorable outcome for client at final arbitration hearing relating to dispute involving a cross-license agreement for oil field technology

Prosperity Bancshares, Inc. — trademark infringement matter in Central District of Illinois

Individual — obtained favorable settlement for client in construction defect case against contractor arising from Hurricane Harvey damage

Northeastern Plastics, Inc. — obtained dismissal for client in patent infringement case in the U. S. District Court for the Eastern District of Texas

Advanced Production and Loading, Inc. — assisted in obtaining favorable settlement for client in patent infringement case in the U.S. District Court for the Southern District of Texas

Tousa, Inc. — participated in trial defending second lien lender clients against claims of fraudulent transfer in the U.S. Bankruptcy Court for the Southern District of Florida

TMC Enterprises, a division of Tasco Industries Inc. — assisted in obtaining favorable settlement for client in patent infringement case v. Autozone Inc., in the U.S. District Court of Central District of California; C.A. Western Division

Publications and Speeches

“The New Rules: Liability Limitations for Construction Design Defects in Texas” Bracewell Litigation Alert, September 22, 2021

“The New Rules (Part 2): Restrictions on the Duty to Defend for Architects and Engineers” Bracewell Litigation Alert, October 7, 2021

“Texas Supreme Court Clarifies Scope of Property Owners’ Statutory Protections” Bracewell Insight, March 29, 2021

“Expanded CISA Guideline Broadens the Scope of “Essential Business” for Manufacturing and Construction Operations” Bracewell Insight, April 2, 2020

“Stay-At-Home Orders – 10 Step Evaluation Process for Manufacturers” Bracewell Insight, March 30, 2020

“Is Your Manufacturing Operation an “Essential Business” in the Age of the Coronavirua”? Bracewell Insight, March 24, 2020

“The Dotted Line: When should contractors use COVID-19 Liability Waivers” Construction Dive, August 25, 2020

“Understand and Define Key Substantive Contract Provisions” Construction Executive, December 6, 2019

“Define the Forum and Scope of Recovery in Contract Disputes” Construction Executive, November 29, 2019

“Public Entity Construction Contracts: The Pivotal Dispute Provisions” Bracewell Litigation Update, July 10, 2019

“Force Majeure, Now What?” Bracewell Litigation Update, April 19, 2018

“Steel and Aluminum Tariffs?  Can You Turn to Your Force Majeure Clause?” Bracewell Litigation Update March 22, 2018

“Pitfalls of the Standard AIA Contract for Owners and Developers, Bracewell Webinar Presentation, June 15, 2017

"Do Contractors Have Blanket Indemnity?" Law360, August 15, 2016

"Effectively Managing Product Issues" IndustryWeek Magazine, June 2015.

Credentials

Education

University of Houston Law Center,
J.D.
1999
magna cum laude
University of Houston,
B.S.
1993
cum laude

Bar Admissions

Texas

Affiliations

State Bar of Texas
Construction Litigation Section
Houston Bar Foundation
Director
Houston Bar Association
Texas Bar Foundation
University of Houston Law Center Alumni Association
Director and Past President
University of Houston Law Foundation
Director
University of Houston Alumni Association
Director and Treasurer
University of Houston Board of Visitors
National Football League Players Association
Contract Advisor

News

News

A Unified Team Equals Success

Insights

Insights

Spotlight on Public Finance, Spring 2019

Featured Articles: Hackers Continue to Target Public Sector Entities; Credit Ratings and Infrastructure at Risk,
Negotiating Your “Standard” Construction Contract

Noteworthy

Noteworthy

Chambers USA
Texas Construction, 2022
The Legal 500 United States
Construction (including Construction Litigation), 2017 - 2018; Real Estate and Construction, 2014, 2016
Thomson Reuters
Texas Super Lawyers
Rising Star, 2006, 2009 - 2010

Events