Construction & Development
From the beginning of projects through final completion and 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. Our domestic and international construction and procurement law practice takes our attorneys across the United States and around the globe.
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 the completion of those projects.
We provide a wide array of services up-front, including assisting with program planning, establishing the contracting structure, selecting the project delivery method, analyzing and mitigating risks, drafting and negotiating the various contracts, and identifying issues during construction to help avoid disputes that may impact project completion. As part of our full-service development and construction practice, our lawyers also create corporate structures that meet the needs of the project and the parties, advise both borrowers and lenders on financing, provide guidance on tax issues, and assist with land use issues.
The construction industry requires attorneys with specific experience, skill, and knowledge about a dynamic industry. Our construction attorneys have the local knowledge, regional experience, and national reputation to see a project through every step of development and construction.
Like our clients, we are on the cutting edge of the latest trends affecting construction projects – including sustainability (including LEED Certification), cloud collaboration, Building Information Modeling, and Integrated Project Delivery.
- 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 unleveled 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 Fort Worth and DFW Airport. Jackson Walker 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. Jackson Walker 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.
- Representing owner in mixed-use commercial condominium complex, including 2600-stall podium garage, 200-key luxury hotel, and 26-000 square feet of retail space, including assistance with drafting and negotiating design and construction contracts and other ancillary matters related to development of 2.6-acre tract.
- Represented a major hospital system in the Texas Medical Center in construction projects in excess of one billion dollars ($1,000,000,000.00), including three hospital campuses in Houston, each consisting of hospital and medical office buildings, and a 390-bed inpatient tower in the Texas Medical Center.
- Representing owner in renovation of 1.2 million-square-foot Class AA downtown office tower, including renovation of high-rise elevators, and 10,000 square feet of retail.
- Representing owner in renovation of luxury hotel in Uptown Dallas, Texas, including drafting and negotiating design and construction documents.
- Represented developer in its design and construction agreements for the re-development of an existing building into a mixed-use office and hotel project.
- Preparation and negotiation of construction documents for a redevelopment of a multi-block, outdoor retail shopping center.
- Represented owner in drafting and negotiating design and construction documents related to ground up construction of restaurant on hotel property.
- Represented owner in development of new mixed use development, including Class A office building in downtown Austin, Texas.
- Represented owner in development and construction of LEED Gold certified science, math, and technology center on 27-acre campus.
- Represent government entity in drafting agreements, procurement documents, easements, and other ancillary matters related to design and construction of infrastructure project estimated at over $600 million.
- Represent religious institution with all capital projects spanning 80 parishes in several counties.
- Preparation and negotiation of construction contracts for an international automotive dealer including for dealership sales centers and collision centers.
Preparation and negotiation of construction contracts for the development of a Class A office building in downtown Houston, Texas.
- Represent owner in renovation of Class A office tower including lobby and common area renovation.
- Preparation and negotiation of construction documents for a Class A owner-headquarters office building.
- Represent developer in preparation of development and construction documents for the construction of a 200,000 square foot office building.
- Represent landlords and tenants in the preparation of construction documents for multi-million dollar capital expenditures and tenant buildouts.
- Represent lender in preparation of construction documents for multiple retail bank locations, including form templates.
August 19, 2021
‘The Best Lawyers in America’ Honors 178 Jackson Walker Attorneys in 2022 Edition, Including 8 “Lawyers of the Year” and 31 “Ones to Watch”
The Best Lawyers in America has recognized 178 Jackson Walker attorneys across 6 offices and 67 specialty practice areas in its 2022 edition, including 8 Lawyers of the Year and 31 Ones to Watch. Best Lawyers listings are based on an exhaustive peer review survey of thousands of attorneys who vote on the legal abilities of others in their practice areas.
May 20, 2021
Chambers and Partners Recognizes Jackson Walker Attorneys and Practices in 2021 USA and Global Guides
Jackson Walker is pleased to announce that Chambers and Partners has selected 41 attorneys and 14 departments for inclusion in the 2021 edition of the Global and USA guides.
April 28, 2020
Governor Abbott’s Order Updating Essential Critical Infrastructure Areas Adds Clarity for Certain Construction Activities
On April 27, Texas Governor Greg Abbott announced his plan for beginning to reopen businesses in Texas. In doing so, he issued a new executive order that, effective May 1, expands the scope of permitted business activities across the state.
January 21, 2020
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
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
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.
December 3, 2018
Jackson Walker is proud to announce the selection of 10 attorneys to Houstonia Magazine’s sixth annual “Top Lawyers” list in its Best of Houstonia.
September 6, 2017
Thomson Reuters has named 53 Jackson Walker attorneys to its 2017 ‘Texas Super Lawyers’ list. According to Thomson Reuters, the list recognizes a “credible, comprehensive and diverse” selection of “outstanding attorneys,” and serves as a resource for those in search of legal counsel.
September 5, 2017
Southeast Texas has started to move from immediate recovery, including evacuations and draining of flood waters, to removal of water-damaged materials in homes and business and preliminary efforts to start rebuilding.
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.