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Bracewell’s construction litigation team brings first chair courtroom experience and technical industry knowledge to construction disputes, representing clients in state and federal courts and in arbitration proceedings. Clients reported to Chambers USA 2016 that our “dedicated, professional and knowledgeable” construction team “handles difficult situations with professionalism.” In addition to litigation and arbitration matters, we counsel an array of owners, product manufacturers, homebuilders, general contractors, and design professionals in internal investigations and in developing strategies to minimize or resolve potential claims without undermining business objectives and relationships.

Experience

Recent Notable Matters

Manchester Financial Group/Hunt Construction Company Representing the owner/developer with respect to construction matters on the $300+ million Fairmont Convention Hotel – Austin. This is a large matter with disputes in the millions related to the construction by the general contractor, among others.

Cementaid representing a product manufacturer that provided a cement mixture for the tallest residential building in San Francisco, the Millennium Towers, a 58-story building completed in 2009 that is embroiled in litigation because defects in the engineering and construction have led to sinking and tilting problems  

NCI Group, Inc. Allegations of defective roofing products installed in sixteen facilities in three different states. Obtained a take nothing judgment after a three-week jury trial.

City of Irving, Texas 200+ million construction and development of the Toyota Music Factory venue. The firm is advising on outstanding construction disputes relating to completion of construction and the issuance of TIF reimbursement funds. Currently the firm is counsel to the City in three lawsuits filed against the City in Dallas County District Court. 

NBH Bank Representing lender in connection with the default of a $49 million loan for the development of more than 1,700 acres of raw land in Georgetown, Texas into a high-end, master-planned residential community. After two years of litigation in the bankruptcy court, NBH Bank prevailed and foreclosed on the property. NBH Bank is currently pursuing claims against more than 20 guarantors in Dallas state court for the multi-million deficiency. In addition, significant disputes between the bank, as the new property owner, and the other developers in the area have arisen relating to the parties’ entitlement to millions of dollars in Municipal Utility District reimbursements.

OST/Almeda Corridors Redevelopment Authority dispute related to the construction and redevelopment of Emancipation Park in Houston, Texas, which is a $33.6 million dollar public project for the City of Houston

Phillips 66 Negotiations of the construction and financing for its new world headquarters in the Houston energy corridor area. This was one of the largest synthetic leases for an office development in the country. The campus includes approximately 1.1 million square-feet of office and multi-use space. The complex was designed to achieve a minimum LEED Silver rating from the U.S. Green Building Council.

Montgomery County Municipal Utility District — Dispute related to construction defects in a freshwater well. The water well is intended to provide fresh water to residents of Montgomery County.

Global network of tank terminals representing the owner in a multi-million dollar dispute concerning construction deficiencies and delays relating to the construction of several in storage tanks

Concho Resources, Inc — reviewing and remaking its company-wide master service agreement for construction projects

Crescent Real Estate Equities representing the senior lender of a large-scale construction project in Aspen, Colorado with more than $40 million in outstanding mechanics’ lien claims

Texas Medical Center — Development of a 28-acre biomedical innovation and commercialization campus known as TMC3. The facility will be a cooperative development between the medical center and four public medical institutions, including a world-renowned cancer center and a major public university’s health center.

Owners of a large ranch property Awarded over $1.4 million in damages in an arbitration arising out of numerous construction defects discovered in connection with the construction of a ranch building. Received treble damages under the Texas Deceptive Trade Practices Act plus attorneys’ fees.

West Houston Infiniti Asserted construction defects and breach of contract claims related to substantial renovations and additions to a multi-million dollar car dealership in Houston, Texas. The matter involved deficiencies in the general contractor’s work, included more than 20 subcontractors as parties, and was resolved successfully during arbitration.

Owner of a large chemical production plant Multi-million dollar dispute concerning construction deficiencies. Claims in state court and in arbitration were successfully resolved early in the litigation.

Privately held real estate development firm in Houston, Texas dispute related to a $30 million construction project for a Class A office building that resolved successfully prior to litigation

Core Logistic Services LLC client and its subcontractors faced multiple Texas cases of approximately $10 million relating to road improvement

Main Bell Realty Corp development and construction of a subterranean pedestrian tunnel connecting a three-block area of Downtown Houston

Local affiliate of a national television broadcast network Represented the local affiliate of a national television broadcast network in regards to construction defects that caused damage to its broadcast facility because of the collapse of a retaining wall. The matter was successfully resolved in arbitration.

H-E-B Grocery Company, LP obtained dismissal of the claims that the construction of a new H-E-B store caused flooding to the plaintiff’s property

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