Biography
Michael W. Moran is a business litigation attorney whose practice focuses on construction litigation, real estate litigation, land use and municipal law litigation, eminent domain/condemnation, corporate litigation, surety bonds, and business fraud. His construction clients have included property owners, developers, governmental entities, general contractors, subcontractors, sureties, architects, engineers, and individual corporate officers and directors. His construction law practice encompasses contract negotiations, breach of contract claims, construction defect claims, mechanic’s liens, bond claims, architect and engineer professional negligence, architectural copyright infringement, insurance coverage, and payment claims. Throughout his career, Mike has handled a wide assortment of construction lawsuits. He is currently the head of JW’s Construction section.
Mike’s construction contract negotiation experience is quite broad. He has negotiated design and construction contracts on public and private projects from the simple to extremely large and complex. Those projects have involved multi-family, industrial, commercial, public-private partnerships (PPP), transportation, and light-rail projects. His government contracting work has included assessing state and federal procurement compliance, procurement protests, and Public Information Act disputes.
Mike also represents businesses and financial institutions in disputes and litigation involving business torts, contracts, fraud, lender liability, real estate, tortious interference, embezzlement, and fiduciary duties. Additionally, he provides representation concerning loan workouts, including litigation related to those matters.
Education
B.A., Southwestern University
J.D., Baylor Law School
- The Order of Barristers, member
Bar Admissions
Texas, 1997
Court Admissions
United States Court of Appeals for the Fifth Circuit
United States District Court for the Northern, Southern, Eastern and Western Districts of Texas
Board Certifications
Construction Law
- Secured a trial victory in the defense of a Dallas real estate developer in a $10 million lawsuit over delays, construction errors, and alleged fiduciary duty breaches related to a luxury condominium project.
- Represented a condominium developer in $32 million dollar construction defect arbitration, which also involved allegations regarding payment issues. The construction problems involved extensive water infiltration behind stucco veneer, severely unlevel floors, and nail holes in shower pans, just to name a few. There were 35 parties in the case, and the developer obtained a very favorable settlement just prior to the arbitration hearing.
- One month trial of $6.5 million loan default which also involved a 100,000 square foot assisted living facility destroyed by a water leak. Obtained favorable settlement prior to jury deliberations.
- Represented a governmental entity in the negotiation of a construction contract for a $500+ million commuter rail project, along with negotiating the diesel multiple unit acquisition agreement.
- Obtained $3.3 million judgment for an owner against a contractor for fraudulent billing practices and defective construction. Affirmed on appeal.
- Has successfully represented property owners in insurance coverage litigation for claims for insurance coverage and defense costs related to property damage.
- Represented publicly traded company in mechanic’s and materialman’s lien disputes in over 30 states.
- Obtained dismissals for architects and engineers in multiple lawsuits claiming design and construction defects in personal residences with claims valued in excess of $2.5 million.
- As contractor’s counsel, forced Defendant refrigerator manufacturer to pay contractor and factory owner’s full damages, costs, and attorneys’ fees to settle claims for defective materials, negligent installation, breach of warranty, and statutory deceptive trade practice claims.
- Obtained dismissal of lawsuit against Defendant home builder claiming defective construction of a residence and alleged misrepresentations concerning the property and its surroundings.
- Represented surety in a bankruptcy and obtained entirety of amount owed by the bond principal.
- Obtained temporary injunction and restraining order against surety bond principal for improper actions.
- Represented Defendant contractor in favorable settlement of multiple cases alleging that contractor infringed upon copyright interests in architectural drawings.
- Represented sureties in various performance and payment bond disputes throughout Texas, including alleged defaults involving the Austin Convention Center and the Ellis County Justice Center in Waxahachie, Texas.
- Chambers USA: America’s Leading Lawyers for Business
- Ranked for Construction – Texas, 2013-2021
- The Best Lawyers in America (Woodward/White Inc.)
- Construction Law, 2014-2022
- Super Lawyer, Super Lawyers by Thomson Reuters, 2013-2020
- Rising Star, Super Lawyers by Thomson Reuters, 2005-2009
- Best Lawyer, D Magazine, 2014, 2019
- “Filing Mechanic’s Liens and Asserting Payment Bond Claims in Texas,” Lorman Education Services AIA Contracts Seminar, 2010-13
- “Real Estate Considerations and Priorities,” Lorman Educational Services Construction Lien Law in Texas Seminar, 2000-11, 2013
- “Complex Commercial Construction Litigation: A Guide for Non-Litigators and Their Clients, Too,” NBI Construction Defect Litigation: From A to Z, 2011
- “Construction Defect Damage Claims” and “Construction Defect Case Studies,” Half Moon Education Services Construction Defects Seminar, 2007
- “Construction Defect Risk Management and Insurance,” panel speaker at IRMI Conference, 2007
- Regional Editor, A 50 State Compendium of Construction Law Issues, ALFA International, 2007
- “Legislative Update: Construction Issues Facing the Texas Legislature’s 2003 Session,” Dallas Bar Association Construction Section, 2002
- Salesmanship Club of Dallas
- Dallas Athletic Club
- Former Board Member
- Past President
- Crohn’s and Colitis Foundation of America, North Texas Chapter, Board of Trustees
- State Bar of Texas, Construction and Business Litigation Sections
- Forum on the Construction Industry
- Dallas Bar Association, Construction Law Section and Business Litigation Section
- American Bar Association, Tort & Insurance Practice Section
- Fidelity & Surety Law Committee
- Defense Research Institute, Construction and Business Litigation Sections
- TEXO, The Construction Association
- National Association of Home Builders
- Texas Association of Builders
- Home Builders Association of Greater Dallas