John Hawkins represents businesses in a wide variety of complex commercial disputes in federal and state court litigation and in arbitration. His experience includes, generally:

• general commercial litigation
• defense of design professionals in malpractice litigation
• patent and copyright infringement litigation
• construction defect and cost overrun litigation
• defense of design professionals in disciplinary proceedings
• counseling of owners, designers and contractors in litigation avoidance

Mr. Hawkins also has extensive experience in the preparation, review, and negotiation of contracts and other documents for design and construction projects representing owners, designers and contractors.

Mr. Hawkins was a law intern to The Honorable John R. Brown, Circuit Judge for the United States Fifth Circuit. Mr. Hawkins joined Porter & Hedges in 1995. From 1992 to 1995, he practiced in the commercial and tort litigation sections of Butler & Binion.

Mr. Hawkins was a practicing architect for ten years before attending law school. As an architect, his work encompassed a broad range of commercial and institutional projects, including (at 3D/International, Inc.) high-rise office, laboratory, museum and hospital projects.

Representative Experience

Litigation

• Lead counsel representing international architecture firm in twelve-party, multi-million dollar lawsuit for alleged defects in medical facility (on-going).
• Lead counsel in obtaining recovery exceeding $7 million for seller of real estate and international architecture firm on luxury high-rise condominium project in settlement of lawsuit for injunction, foreclosure and damages.
• Lead counsel in obtaining dismissal of national civil engineering firm from two wrongful death flooding-related lawsuits in Jefferson County, Texas each for four-figure settlement sums.
• Lead counsel in obtaining arbitration recovery of all damages sought by, and a finding of no malpractice on counterclaim against, leading corrections facility architecture firm on replacement jail project.
• Lead counsel in obtaining Rule 12b dismissal for international project management and design firm in lawsuit concerning foundation errors in high-rise building.
• Co-counsel for international plastics manufacturer in two multi-month jury trials and appeals of delay and disruption lawsuits arising from a $1.8 billion dollar manufacturing plant expansion.
• Co-counsel for international architecture firm in employment and business tort lawsuit obtaining favorable settlement after 2-week jury trial.

Litigation Avoidance

• Lead counsel representing national health-care architecture firm in obtaining pre-arbitration settlement for approximately 5% of $15 million delay, disruption and malpractice claim and in subsequently recovering most of insurance deductible from architect's consultants.
• Lead counsel representing international project management and design firm in reaching pre-arbitration settlement for less than 10% of multi-million dollar claim in dispute concerning new multi-story office/retail facility.
• Lead counsel representing national engineering firm in reaching 5-figure settlement before formal delay, disruption and malpractice claim by design-builder of new $300 million Federal Agency headquarters.
• Provide legal counseling to architecture and engineering firms and consult with professional liability insurance carriers to aid in satisfactorily resolving disputes without litigation or arbitration.

Administrative Proceedings and Investigations

• Represented architects and engineers in disciplinary proceedings before the Texas Board of Architectural Examiners and the Texas Board of Professional Engineers.
• Represented architecture and engineering firms in investigations by the US Department of Justice, Federal Bureau of Investigation and by the Office of Inspector General for the General Services Administration.
• Represented international architecture firm in defeating intrusive request under Texas Open Records Act.

Professional Practice Consultation

• Represented architecture and engineering firms in drafting, reviewing and negotiating multi-million dollar design and construction contracts and in preparing agreements for participation in building information modeling (BIM) processes.
• Prepared families of office standard contracts for architecture and engineering firms.
• Provided professional practice and liability counseling in connection with corporate and employment transactions by architecture and engineering firms, including entity creation and modification.
• Represented real estate development firm in preparing design and construction contracts for new office/warehouse design/build project.
• Represented architecture and engineering firms in preserving intellectual property rights.
• Represented architecture and engineering firms in perfecting lien rights and in other debt collection activities.
• Represented residence owner in preparing design and construction contracts for improvements costing over $15 million.

Professional / Civic Affiliations

• Martindale Hubbell AV Rated Attorney
• Member of the Texas State Bar, as well as the Houston and American Bar Associations, and is a member of the litigation and intellectual property sections and construction law forums of each.
• Fellow of the Texas Bar Foundation
• Member of the American Institute of Architects and Texas Society of Architects.
• Member of The Rice Building Institute Advisory Board.
• Member of Legal Counsels Forum of American Counsel of Engineering Companies.
• Served the Houston Chapter of AIA as the Director for Professional Practice in 2001 and 2002.

News

• Recent Speeches and Appearances by Porter & Hedges' Lawyers (4/1/2006)
• John Hawkins, Allison Snyder and Cindy Holub Speak for Half Moon LLC. (1/19/2006)

Publications

• "A Primer on Delivery Systems and Corresponding Contract Forms," University of Texas Construction Law Conference (10/11/2007)
• "The Latest Thinking: Project Delivery Strategies for Healthcare Buildings," Rice Building Institute (10/11/2007)
• "The Standard of Care for Design Professionals," Structural Engineer (6/1/2005)
• "To Attract The Best Designers For Your Projects, You Need To Write The Right Contract," Office & Commercial Real Estate Magazine (7/1/2003)
• "Are Pass-Through Claims On Their Way Out Of Texas?" Texas Lawyer (3/17/2003)
• "Developer Should Watch Wording So Designer Will Sign The Contract," Houston Business Journal (1/27/2003)
• "Architect Responsibilities in Obtaining ADA Compliance," Texas Architect (1/1/1999)

Events

• "BIM Processes," Annual Texas Construction Law Conference (2/29/2008)
• "Ending Consternation About Litigation, Arbitration and Mediation," Houston Business Roundtable (12/19/2007)
• "Public and Private Legal Obligations for Professional Engineers," Houston Business Roundtable (3/1/2007)
• "Selected Topics in Construction Law," Houston Business Roundtable (10/18/2006)
• "Understanding the Professional Standard of Care," American Society of Civil Engineers Annual Convention (5/17/2006)
• "Texas Construction Law for Professional Engineers," Half Moon Seminar (1/19/2006)
• “Causes of Action Against Design Professionals,” Lorman Education Seminar (4/1/2005)
• “Negotiating Key Terms in Contracts,” Texas Society of Architects Annual Convention (1/1/2004)
• “Construction Phase Services under A-201,” AIA Houston Chapter (1/1/2002)
• “Performance-Based Codes – Fact and Fiction,” AIA Houston Chapter (1/1/2002)
• “Construction Phase Services under A-201,” AIA Houston Chapter (1/1/2001)
• “Construction Phase Services under A-201,” Texas Society of Architects Annual Convention (1/1/2001)
• “Construction Phase Services under A-201,” Texas Society of Architects Annual Convention (1/1/2000)
• “Construction Phase Services – in the Office – under B-141,” Texas Society of Architects Annual Convention (1/1/1999)