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Construction Litigation

Defense of a subcontractor in a construction defect case involving a mass transportation facility with claimed damages exceeding $6,000,000.

Result: – Client was dismissed from the lawsuit after summary judgment proceedings.

Defense of general contractor on a residential construction project for fraud, fraudulent transfers, violations of the construction trust fund act with alleged damages exceeding $400,000.00.

Result: Bench Trial – Court ordered that Plaintiff take nothing on causes of action for fraud, fraudulent transfers and violations of the construction trust fund act. Court found Defendant liable for breach of contract and awarded actual damages of less than $25,000.00.

Defense of a subcontractor in a construction defect case involving water intrusion in an apartment complex with claimed damages exceeding $11,000,000.

Result: – Client was dismissed from the lawsuit after summary judgment proceedings on the issues of negligence and breach of warranty.

Defense of subcontractor in south Texas construction defect case involving water intrusion into a public school with claimed damages exceeding $8,000,000.00.

Result: Case was settled after commencement of trial for an undisclosed amount.

Defense of a supplier of materials in a construction defect case involving an apartment complex.

Result: Settlement – Client was dismissed from the lawsuit without the payment of money.

Defense of subcontractor (security alarm installer) in a residential construction defect/water intrusion case.

Result: Client was dismissed from lawsuit after the conclusion of the Plaintiff’s deposition.

Representation of General Contractors on a residential custom home construction project for allegations of breach of contract and disputes over payment of final draw request. [Our firm has represented a variety of general contractors on this type of dispute.]

Result: Negotiated successful resolutions of payment of final draw and avoided litigation.

Prosecution of claims on behalf of property owners for a residential construction project. The causes of action prosecuted included fraud, violations of the DTPA, negligence and breach of contract.

Result: Negotiated a successful settlement the evening prior to the commencement of the arbitration proceeding.

Defense of claims from property owners against a sub-contractor involving structural failure of outdoor decks. Our client filed claims against the engineers for faulty design of the decks.

Result: Negotiated a successful settlement of the claims. All settlement money paid by engineering firm. Clients paid nothing for a full release of claims.

Defense of claims from property owner against a sub-contractor involving the roof construction at a senior retirement center with alleged damages of $250,000.00.

Result: Negotiated a successful settlement of the claims for nuisance value.

Defense of general contractor in construction defect case involving 4,200,000.00 residential home construction and alleged water intrusion.

Result: Negotiated successful resolution and avoided litigation.

Defense of plumbing subcontractor in product defect case involving CSST tubing, fire and property damage after lightening strike.

Result: Negotiated successful settlement for nuisance amount.