Construction Litigation

From the beginning of projects through final completion, from the negotiation of contracts and preparation of bids to the resolution of construction disputes, Jackson Walker represents clients in all aspects of commercial and public construction projects. Jackson Walker represents developers, owners (both private and public), homebuilders, commercial builders, construction managers, general contractors, subcontractors, vendors, construction lenders, architects, engineers, and sureties. The breadth of our experience enables us to represent clients with a thorough knowledge of the legal relationships among the various parties in construction projects, and provides us with sensitivity to the professional and technical capabilities and positions of the disciplines participating in completion of those projects.

  • Successfully defended Dallas developer and its founder in a $10 million partnership trial that arose over construction defects on a luxury condominium project. After discovering the defects, the developer immediately took steps to address the quality issues and ensure that all existing defects were or would be repaired to the satisfaction of residents who had already purchased units in the complex. However, limited partners sued the developer for breach of fiduciary duty and other alleged wrongs. A Dallas County jury returned a unanimous verdict that the limited partners take nothing on all claims.
  • 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.
  • Represents public transportation authority in the process of designing and constructing a design-bid-build commuter rail system (37 miles of track) between Ft. Worth and DFW Airport.  JW is assisting with the procurement of the design and construction firms under a design-bid-build delivery method, including drafting of necessary design and construction contracts and any ensuing negotiations, a diesel multiple unit acquisition agreement, trackage agreements, right-of-way or easement documents, compliance requirements, assistance with any change orders or contractor disputes, and responding to procurement protests.
  • Represented the construction lender in a one-month trial of $6.5 million loan default and construction defect case concerning 100,000 square foot assisted living facility destroyed by water damage.
  • Prepared and negotiated the construction contracts for the development of a $700 million, 200+ acre mixed use development near the urban district of Dallas.  It will involve 7,500 residential units, 1,000 hotel rooms, 1.2 million square feet of office space, and 800,000 square feet of retail.  JW was also instrumental in the zoning and permitting processes for this development.
  • Represented municipal airport owner in complex multi-party suit alleging improper design, as well as defective and delayed construction of airport bulk fuel storage facility. Obtained early dismissal of all claims against municipality/client through plea to the jurisdiction on basis of sovereign immunity, narrowing general contractor’s claims against owner from several tort and equitable causes of action to single claim for breach of contract. Client ultimately entered into a very favorable settlement.
  • Obtained $3.3 million judgment for home owner in construction defect suit against home builder, in which home was constructed with over 350 construction defects. During prosecution of that suit, counsel discovered that the home builder was fraudulently billing home owner and obtained judgment for fraud and violations of Texas Theft Liability Act. Affirmed on appeal.
  • Represented developer in the negotiations of the construction contracts for a strategic master planned logistics campus on 500+ fully entitled acres.
  • Represented developer in lawsuit against an insurance company for failure to promptly pay a covered insurance claim for damage to a commercial building related to a significant rain event.  The foundation of the building moved a great deal, causing damages throughout the building.  The insurance carrier argued that the problems with the building are due, in part, to the design and construction of the building.  The costs to repair the building were significant, as was the loss of use value.  The insurance carrier ultimately settled, paying $2.4 million.
Jackson Walker "Super Lawyers - Rising Stars" 2021 Edition

March 23, 2021
Attorney News

Jackson Walker Congratulates Its 2021 Texas Rising Stars

Jackson Walker is pleased to announce the selection of 36 attorneys to Thomson Reuters’ 2021 “Super Lawyers – Rising Stars” list. Spanning five offices and eight major practice areas, these up-and-coming attorneys have been nominated by peers within and outside the Firm.

January 21, 2020
Insights

Independent Contractors Redux: Fifth Circuit Returns to Oil Patch to Address Independent Contractor Status Under the Fair Labor Standards Act

By Lionel Schooler | The boom for domestic energy producers, particularly in the Permian Basin, has been accompanied by the companion challenge of how to compensate transient oilfield service providers within the strictures of the federal Fair Labor Standards Act.

July 8, 2019
Insights

Texas Legislative Update: New Laws Impacting Real Estate Developers and Builders

More than 10,000 bills were filed during the 86th Texas legislative session. Some of the bills that were filed and ultimately signed into law specifically impact the real estate and construction industries.

June 11, 2019
Insights

The City of Dallas Bolsters Its Regulations on Construction in the Public Right-of-Way

On May 22, 2019, the Dallas City Council passed an ordinance that places new requirements on contractors working in the public right-of-way. The ordinance seeks to address concerns of pedestrians and vehicular traffic when construction encroaches into the right-of-way.

March 6, 2019
Attorney News

Up and Coming: 34 Jackson Walker Attorneys Named to 2019 “Super Lawyers – Rising Stars” List

Jackson Walker is excited to congratulate our 34 attorneys who were named to Thomson Reuters’ 2019 “Super Lawyers – Rising Stars” list.

September 6, 2018
Attorney News

56 Jackson Walker Attorneys Named to 2018 “Texas Super Lawyers” List by Thomson Reuters

Thomson Reuters has named 56 Jackson Walker attorneys to its 2018 ‘Texas Super Lawyers’ list.

July 23, 2018
Attorney News

Austin Young Lawyers Association Recognizes Chris Mugica With Mentor Award

Jackson Walker is pleased to congratulate Christopher R. Mugica for receiving the 2018 Mentor Award by the Austin Young Lawyers Association for his demonstrated commitment to successfully mentoring young lawyers in the Austin legal community.

July 25, 2017
Insights

Protecting Attorney-Client Privilege with Former Employees

A critical skill for any corporate counsel is the ability to assess which internal conversations are protected by attorney-client privilege and take steps to ensure that privilege remains unbroken.

May 31, 2017
Spotlight

Chambers USA 2017 Recognizes Jackson Walker Attorneys and Practices

Jackson Walker is pleased to announce that 28 of its attorneys and 11 of its practices were recognized in the 2017 Chambers USA: America’s Leading Lawyers for Business rankings.

April 25, 2017
Attorney News

Michael W. Moran Receives Board Certification in Construction

The Texas Board of Legal Specialization (TBLS) has announced that partner, Michael W. Moran, has received Board Certification in Construction Law.

More Construction Litigation News

When litigation is unavoidable, Jackson Walker’s trial lawyers vigorously battle to assert and protect our client’s interests. Our attorneys have successfully handled numerous construction disputes in court and arbitration, all while attempting to resolve complex construction disputes efficiently and in keeping with the best interests of our clients. Attorneys in the construction litigation section of Jackson Walker are fully knowledgeable of construction law and are extensively experienced with construction claims and cases ranging from the common to the extraordinary, including those involving:

  • Construction and Design Defects
  • Contract and Payment Disputes
  • Mechanic’s and Materialmen’s Liens
  • Performance and Payment Bond Claims
  • Defaults and Termination of Contracts
  • Delay and Liquidated Damages
  • Scope and Change Order
  • Performance and Warranty
  • Bid Protests
  • Residential Construction Liability Act (RCLA) and the DTPA
  • Indemnity Disputes
  • Indoor Air Quality, Mold, and Environmental
  • Exterior Insulation Finish Systems (EIFS)
  • Job Site Safety and Personal Injury
  • Insurance Coverage
  • Architectural Copyright Infringement and Intellectual Property
  • Development Partnership and Investor Disputes

We assist clients involved in construction projects with legal needs arising throughout all phases from the point of project conception and development, through contract negotiation and project execution, to project completion, turnover and warranty. We handle the many different project delivery systems and are well-versed in the major industry contract forms. We have handled public private partnership (PPP) matters and are positioned to provide a full range of services with respect to government contracts (federal, state and local), including bid protests and board of contract appeals claims. We assist clients with general project administration, draws and disbursements under financing arrangements, change order and claims issues arising during execution, job close-outs, settlement, and other project management tasks. Our construction transactional experience includes:

  • Drafting and Negotiating Construction and Design Contracts
  • Governmental Contracting and Procurement Requirements
  • Public-Private Partnerships (PPP)
  • Project Financing
  • Insurance Review and Risk Transfer
  • Surety Bonding

Jackson Walker’s construction group has experience in construction matters in a variety of industries, such as commercial, industrial, retail, office, multi-family and single family residential, healthcare, assisted living, education, hospitality, churches, energy, transportation, municipal, state and federal government.