Denise Nestel is a partner in the litigation section practicing primarily in the field of construction law – commercial, industrial, public and multi family. Her practice focuses on helping clients (1) to avoid legal disputes when possible, and (2) to prevail when disputes are unavoidable.

Dispute avoidance:

• helping the client conduct business to minimize the chance of ending up in court or arbitration
• identifying and responding to legal land mines in the pre-construction, construction and completed operations phases
• developing protocol for clients to deal with recurring legal issues internally
• drafting, revising and negotiating contracts to meet the clients' risk objectives
• resolution through informal negotiation and mediation of disputes
• damage control for the project that does not go as planned

Prevail in litigation and arbitration:

• expedite dispositive fact and legal issues so clients don't pay for a dozen depositions only to discover they have bad facts or law
• mapping out the legal alternatives and projecting costs for each
• preparing clear and compelling themes and direct and cross examination to best convey the client's story to the factfinder

Represented clients in court and arbitration regarding:

construction defects warranty issues delay, acceleration, and inefficiency claims bond and lien claims defective plans and specifications

scope disputes wrongful termination payment disputes surety matters concealed or differing site conditions

Prior to joining Porter & Hedges in 2001, Ms. Nestel practiced construction litigation at Greenberg Peden P.C., and Coats, Rose, Yale, Ryman & Lee, P.C.

Representative Experience

Dispute Avoidance:

Industrial/Energy: Drafted and negotiated industrial contracts for turnkey pipeline construction; natural gas storage projects; natural gas pipeline purchase and sale; EPC projects; compressor unit projects.
Commercial: Master construction contracts for design builders, owners, general contractors, construction managers, subcontractors, vendors, design professionals; joint venture agreements.
Meet Senior Management and/or Project Management to inform as to changes in the law.
Counsel clients during projects as needed.

Examples of Lawsuit and Arbitration:

• Defended general contractor against public owner's lawsuit for severe differential foundation movement. After design team, owner and client settled, prosecuted claim against defunct sub's insurance.
• Represented owner of downtown Houston hotel in successful prosecution of contract and fraud claims against mechanical contractor.
• Represented general contractor and performance bond surety in wrongful termination lawsuit against independent school district that counterclaimed for breach.
• Prosecuted claims for Houston general contractor in a case against a water authority district recovering damages for extra work and delay resulting from inadequate design of waste disposal plant.
• Represented environmental contractor in dispute resulting in recovery for extra work, delay damages, and disputed retainage on landfill recapture project.
• Extensive experience working with experts and consultants, including data cabling, super flat floor construction, engineers (civil, structural, mechanical, electrical, and geotechnical), curtain wall designers, EIFS, and HVAC controls in both prosecution and defense of claims for construction defects.
• Represent MUD's in disputes with contractors and suretys.

Professional / Civic Affiliations

• Martindale Hubbell AV Rated Attorney
• Member of the American, Texas and Houston Bar Associations
• Member of the ABA Construction Law Industry Forum and served as Chair of the Construction Law Section of the Houston Bar Association from 1997-1998
• Member of the College of the State Bar of Texas
• Member of the City of Houston Police Officers Civil Service Commission
• Member of National Association of Women in Construction, Houston Chapter

News

• Recent Publications by Porter & Hedges' Lawyers (4/1/2006)
• Denise Nestel's Article Regarding Force Majeure Appeared in the March 2006 Edition of Construction Executive (3/1/2006)

Publications

• Force Majeure: One Size Does Not Fit All (State Bar of Texas - Corporate Law Section Publication) (7/3/2006)
• Force Majeure Clauses: The Basics (3/1/2006)
• How Do You Determine the Terms of a Purchase Order (6/20/2005)
• When Does A Sub’s Proposal Trump The Subcontract? (12/20/2004)
• IT & The Construction Industry: 5 Legal Risks. (8/1/2004)
• When a Bidder Backs Out (6/24/2004)
• Protections For "Mechanic, Artisan, Material Man" Have Their Limits (9/22/2003)
• "Are Pass-Through Claims On Their Way Out Of Texas?" Texas Lawyer (3/17/2003)
• Online Orders: Electronic Contracts Can Deliver Unwelcome Surprises (12/23/2002)
• Legal Risk In The Age Of "Click Wrap"—Read Before Clicking "I Agree" (6/6/2002)
• The Electronic Project (2/15/2002)

Events

• Substantial Completion - Legal Pitfalls, Association of Builders & Contractors Seminar (2/28/2006)
• Liability for Plans and Specs, Houston Bar Association Construction Law Section (2/16/2006)
• Steps You Can Take to Avoid a Construction Contract Dispute, Association of Water Board Directors Annual Conference (6/25/2005)
• “Project Management Software: Does it Prevent or Cause Disputes?” Construction and Real Estate Executives’ Breakfast, firm seminar (12/3/2003)
• The Electronic Project, presented by Denise L. Nestel at the 15th Annual Construction Law Institute (2/15/2002)
• Pubic Schools The New Alternative Delivery Methods, The Top Ten Risks of Working with Public Owners, and Claims Procedures, Construction Contracting with Public Entities in Texas, seminar sponsored by Lorman Education Services (1/1/2000)
• Ethical Considerations of Construction Law, Texas Construction Law Seminar, sponsored by The National Business Institute (1/1/1999)