Construction

Construction

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Porter Hedges attorneys represent contractors, subcontractors, suppliers, sureties, design professionals, construction managers, lenders and owners in resolving complex construction disputes. At trial or in any form of alternative dispute resolution, our lawyers have extensive experience representing large national and multi-national corporations as well as small and mid-sized companies and individuals.

Construction projects are subject to high risk and tight profit margins, and as a result, getting the best results at the lowest cost is our prime consideration. Our litigators effectively manage both the outcome and the costs when disputes occur. We also write and negotiate the contracts to avoid disputes where possible and streamline those which our clients cannot avoid.  We manage the process to ensure that the family of contracts which make up a construction project are coordinated.  Through negotiation, litigation, mediation, or arbitration, we pursue legal solutions that meet business objectives.

We represent clients in the following types of construction disputes:

  • Bid disputes
  • Bond and lien claims
  • Breach of contract
  • Change order disputes
  • Construction defect claim
  • Cost overrun and extra work claims
  • Deceptive trade practices
  • Defective plans and specifications
  • Delay, acceleration, impact, and inefficiency claims
  • Differing site conditions
  • Fraud and misrepresentation
  • Industrial and offshore claims
  • Insurance coverage
  • Jobsite injury
  • Materials failures
  • Payment and performance issues
  • Design Professional disputes
  • Subcontractor Disputes
  • Surveying errors
  • Warranty issues
  • Wrongful termination
Representative Experience+
 Construction
  • Drafting, reviewing and negotiating design and construction contracts for owners, lenders, and contractors in industrial and commercial construction projects.
  • Prosecuting a $200M insurance claim for an energy client.
  • Defending a global chemical company against a $300M fraud and breach of contract claim by one of the world's largest construction companies.
  • Prosecuting a multi-million dollar claim involving major delays to an underwater pipeline project.
  • Representation of general contractor to recover and collect a multi-million dollar judgment against a national supplier for delay claims involving fraud, breach of contract and deceptive trade practices.
  • Representation of a contractor in litigation with a defaulting subcontractor's surety regarding defective work in three power plants.
  • Successful recovery of delay and extra work claim for a subcontractor against the U.S. Army Corp of Engineers. 
  • Successfully defending a drilling rig construction company against an owner’s claims of fraud and breach of contract.
Professionals+
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News/Events+

News

01/11/17Amy Wolfshohl and Sean McChristian Receive Certification in Construction Law from the Texas Board of Legal Specialization
11/01/16Porter Hedges Once Again Recognized by U.S. News & World Report and Best Lawyers "Best Law Firm" Rankings Among Leading National Firms
09/06/16Twenty Porter Hedges Attorneys Selected by Texas Super Lawyers for 2016
08/15/16The Best Lawyers in America 2017 Recognizes Porter Hedges
06/17/16Legal 500 Once Again Ranks Porter Hedges Among the Leading Firms in the Country
05/27/16Chambers USA 2016 Guide Recognized Porter Hedges Among Country's Leading Law Firms
05/13/16Three Porter Hedges Attorneys Named to the Inaugural Best Lawyers Business Edition "Women In the Law" Issue
03/04/16Fourteen Porter Hedges Attorneys Named Texas Rising Stars
11/19/15Porter Hedges Represents Dewberry in the Acquisition of Wilson Architectural Group
11/02/15Porter Hedges Once Again Recognized by U.S. News & World Report and Best Lawyers "Best Law Firm" Rankings Among Leading National Firms
09/08/15Twenty-One Porter Hedges Partners Selected by Texas Super Lawyers for 2015
08/17/15Twenty-Two Porter Hedges Partners Listed in The Best Lawyers in America 2016
06/03/15Legal 500 Once Again Ranks Porter Hedges Among the Leading Firms in the Country
05/20/15Chambers USA Recognizes Porter Hedges Construction Practice for the 11th Consecutive Year
05/19/15Chambers USA 2015 Guide Recognizes Porter Hedges Among the Country’s Leading Law Firms
01/27/15Porter Hedges Construction Practice Recognized in 2014
01/26/15Porter Hedges Elects Six New Partners for 2015
11/05/14Porter Hedges Lawyers Named to Who’s Who Legal 2014
11/03/14Porter Hedges Once Again Recognized by U.S. News & World Report and Best Lawyers "Best Law Firm" Rankings Among Leading National Firms
09/05/14Nineteen Porter Hedges Partners Selected by Texas Super Lawyers for 2014
08/18/14Nineteen Porter Hedges Partners Recognized in Best Lawyers in America 2015
06/25/14Legal 500 Once Again Ranks Porter Hedges Among the Leading Bankruptcy and Construction Practices in the Country
06/05/14Chambers USA Ranks Porter Hedges’ Construction Practice Among the Leading Practices in Texas for the Tenth Consecutive Year
05/23/14Chambers USA Ranks Porter Hedges Among the Country’s Leading Law Firms in its 2014 Law Firm Rankings
03/07/14Nine Porter Hedges Attorneys Named Rising Stars
01/06/14Porter Hedges Construction Practice Recognized in 2013
11/01/13Porter Hedges Recognized by U.S. News & World Report and Best Lawyers "Best Law Firm" Rankings Among Leading National Firms
10/31/13Porter Hedges Successfully Represents KBR in an International Arbitration Against a Kuwaiti Subcontractor
09/09/13Sixteen Porter Hedges Partners Selected by Texas Super Lawyers for 2013
08/16/13Nineteen Porter Hedges Partners Recognized in Best Lawyers in America 2014
06/03/13Legal 500 Ranks Porter Hedges Among the Leading Bankruptcy and Construction Practices in the Country
05/31/13Porter Hedges’ Construction Practice Ranked By Chambers USA Among the Leading Practices in Texas for the Ninth Consecutive Year
05/24/13Porter Hedges Once Again Ranked by Chambers USA 2013 Among the Country’s Leading Law Firms
03/08/13Nine Porter Hedges Attorneys Named Rising Stars
11/01/12Porter Hedges Received National and Local Recognition by U.S. News & World Report and Best Lawyers "Best Law Firm" Rankings
09/2012Porter Hedges' Partners selected by Super Lawyers Business Edition and Texas Super Lawyers for 2012
09/05/12Twenty-One Porter Hedges Attorneys Recognized in Best Lawyers in America 2013
07/03/12Porter Hedges Construction Team Successfully Represents Beacon Maritime in Dispute Over Refurbished Offshore Drilling Rigs
06/29/12Porter Hedges’ Construction Practice Ranked By Chambers USA Among the Leading Practices in Texas for the Eighth Consecutive Year
06/07/12Porter Hedges Ranked by Chambers USA 2012 Among the Country’s Leading Law Firms
02/11/10Porter & Hedges Wins Arbitration for EXi Parson Telecom

Publications

December 2016“Moving from Mastec to Metcalf”, Construction Law Journal, Volume 13, Number 1, published by the Construction Law Section of the State Bar of Texas
06/28/16Construction Alert: "Texas Supreme Court Opinion Impacts General Contractor's Statutory Indemnity Rights Against Manufacturers of Construction Products"
03/04/16“Construction Meets Texas Law: Selected Statutory Overrides,” 29th Annual State Bar of Texas Construction Law Conference
11/16/15Construction Alert: "Personal Liability for Fraudulent Pay Applications"
05/20/15"Texas Contractors, With Immunity and Liability for Some," Law360
03/2015"Never Can Say Goodbye: Lonergan Reaffirmed by Texas Supreme Court 100 Years Later"
09/17/14Construction Alert: "Texas Supreme Court Sinks Port Authority's Ship - Port Authority's No Damages for Delay Clause Held Unenforceable"
08/01/14"Drafting Arbitration Clauses In Construction Contracts To Get The Arbitration You Want," The Texas Construction Law Journal
07/31/14"A Texas Framework For Extending The Economic Loss Rule," Law360
07/01/14Construction Alert: "Texas Supreme Court Unanimously Blocks Contractors' Economic Loss Tort Claims Against Designers"
01/27/14Construction Alert: "Texas Supreme Court Issues Ewing Opinion"
2013"CM, Fast-Track and GMP: Building Great Projects and Avoiding Conflict Through Understanding," Charles B. Thomsen, John R. Hawkins and Charles J. Thomsen
07/17/13Porter Hedges Publishes a White Paper on the 2013 Texas Legislative Changes Affecting the Construction Industry
05/08/13Environmental Alert: "Deadline to Renew Authorization for TCEQ Stormwater Construction General Permit is June 3, 2013"
03/11/13Construction Alert: "What to Do Before Repairing Building Defects"
01/23/13“Perfecting Lien Rights on Private Projects,” Texas Mechanic’s Lien and Bond Claim Law: Lorman Seminar
01/03/13"Texas Supreme Court Enforces 'All Risks' Clause on Contractor in Pipeline Construction Dispute"
01/2013"Certificate of Merit Dilemma for the Design Builder," Build Houston
08/28/12LEAN Construction Alert: "Every Owner Needs to Experience the 'Parade of Trades' and 'Light Fixture' Simulations"
08/09/12Construction Alert: "Fifth Circuit Withdraws Ewing Opinion"
07/30/12LEAN Construction Alert: "Defining Constraint"
06/22/12Construction Alert: "Fifth Circuit Ruling on Commercial General Liability Policies Could Have a Significant Impact on the Texas Construction Industry"
06/11/12"Project Delivery Systems Require Analysis and Impact Litigation Strategy," Engineering News-Record
06/2012"The Anti-Indemnity Bill; Unintended Consequences," CornerStone
04/26/12"You've Got a Friend, or Do You?  How do the Delivery Systems and Party Postures Impact Litigation Strategy and Procedures in Multi-Party Construction Claims?"  American Bar Association: Forum on the Construction Industry
04/2012"Summary of Legislation Affecting the Texas Construction Industry," Houston Bar Association Real Estate Section
01/11/12Construction e-Alert: "Fifth Circuit Holds that Contractor is Entitled to Additional Insured Coverage even though Indemnity Agreement is Unenforceable"
11/17/11Construction Client Alert: "Unknown Conditions - Can Parties Contractually Assign Liability Without Limits?"
09/22/11"Top 10 Mistakes Litigators Make in Construction Arbitrations," University of Texas Construction Law Conference
09/20/2011"How Will Recent Changes in Texas Construction Law Affect Your Company?"
08/18/11“Summary of Legislation Affecting the Texas Construction Industry Passed by the 82nd Texas Legislature,” Texas Legislative Wrap Up Seminar, The Houston Contractors Association Education Committee
08/01/11Construction Client Alert: "Texas Legislature Passes Bill that Could Void Certain Contractual Indemnity Agreements in Pipeline Construction Contracts"
05/31/11"Deconstructing Adversarial Contracting: Towards Success-Focused Contracting," Submitted to The Journal of EPC Contracting
04/2011C-Note: "One Step Beyond"
04/2011"Best Practices on Bonds and Liens"
04/2009C-Note: "Working for the Sovereign | 'Three may keep a secret if two of them are dead.' (Benjamin Franklin)"
12/2008C-Note: "Working for the Sovereign | Confessing - Not Just a Good Idea, It's the Law"
07/11/08"Claims on Federal Projects," Texas Mechanic's Lien and Bond Claim Law, Lorman Seminars
07/11/08"Claims on Texas Public Works Projects," Texas Mechanic's Lien and Bond Claim Law, Lorman Seminars
07/11/08"Enforcing Perfected Lien Rights," Texas Mechanic's Lien and Bond Claim Law, Lorman Seminars
11/1/2007"The New Contingent Payment Clause Statute: Does it Really Help Anyone?" Build Houston
10/11/2007"A Primer on Delivery Systems and Corresponding Contract Forms," University of Texas Construction Law Conference
10/24/06"Bond Claims on Public Works Projects in Texas," Associated Builders and Contractors
10/12/06“You’re Fired! The Allocation of Risk in Termination Clauses,” American Bar Association, Forum on the Construction Industry
04/2006"How Design Documents Can Prevent or Cause Construction Claims," Lorman Seminar
3/1/2006"Mechanic's Liens in Texas - Top Ten Mistakes Claimants Make". 19th Annual State Bar of Texas Construction Law Conference
06/01/05"The Standard of Care for Design Professionals", Structural Engineer
Spring 2004"Purchasing Environmental Insurance for Contractors," Cornerstone, Houston AGC Monthly Magazine
11/1/2003"Bond Claims on Public Projects"
04/01/03"Sovereign Immunity: When Its' Time to Pay, It's Good to be King!" Construction Law Journal, publication of the Construction Law Section of the State Bar of Texas
04/2003"Sovereign Immunity: Where Are We Now?", Tools of the Trade, publication of the Association of Builders and Contractors of Greater Houston
2000"Prevailing Wage Requirements on Texas Public Works Project," Legal Notes Newsletter

Articles

Events

10/20/16"Damages in Construction Cases," TSCPA Business Valuation Conference
10/11/16"Mediation and Construction Law - The Industry's Perspective," October ADR Section Breakfast Meeting
05/05/16"Construction Liens and Bond Claims in Texas," 14th Annual Collections & Creditors' Rights Course
03/04/16“Construction Meets Texas Law: Selected Statutory Overrides,” 29th Annual State Bar of Texas Construction Law Conference
01/18/16"Briefing: Construction Project Property Insurance - An Update of the Recommended Practices Publication," Houston Chapters of the American Institute of Architects and Associated General Contractors
10/07/15"Getting the Arbitration You Want," Porter Hedges Construction Practice Group Client Breakfast
05/20/15“Debris Removal Program Case Study,” Houston-Galveston Area Council Disaster Debris Workshop Series
03/05/15"Never Can Say Goodbye: Lonergan Reaffirmed by Texas Supreme Court 100 Years Later," 28th Annual Construction Law Conference
02/24/15"Four Recent Texas Supreme Court Cases Affecting the Construction Industry," Porter Hedges Construction Law Program
02/2015Explaining Complexity - How to Improve Your Presentation of Technical Information in Arbitration," American Arbitration Association Webinar
09/2014"Effective Advocacy and Management in Arbitration" and "Getting the Arbitration Process Parties Want and Need," Oklahoma Bar Association Seminar
08/05/14"Texas Statutes of Repose: The Long and The Short of It," Annual Harris County Judiciary Education Conference
04/09/14"An Inside Look at Houston's Booming Construction Market," Porter Hedges Construction Law Program
03/28/14"Construction Mediation," University of Houston, AA White Dispute Resolution Institute
02/28/14“Behind the Scenes of a Major Construction Defects Case,” 27th Annual Construction Law Conference
02/27/14“Spoliation in Construction Cases,” 27th Annual Construction Law Conference
01/23/14"Perfecting Bond Claims on Private and Public Works Projects," Construction Lien Law in Texas, Lorman Seminar
01/16/14"Lessons Learned From Decades of Mediating and Arbitrating," Houston Bar Association Construction Law Section
11/22/13"Contract Termination," The Basic Course in Texas Construction Law, The Construction Law Section of the State Bar of Texas
09/11/13“Limiting Liability in Construction Contracts” and “Legislative Update,” Porter Hedges Construction Law Program
07/25/13"HCA's 'Ask a Lawyer' Panel Discussion," Houston Contractors Association
04/03/13"Ouch! Contracts That Sting, and Who Gets Stung" Porter Hedges Construction Law Program
03/21/13“AIA Contracts Seminar: A201,” Lorman Education Services Seminar
03/05/13“Liquidated Damages – Pros and Cons,” South Central AAAE Annual Conference, Panelist
02/28/13"ROBINSON, DAUBERT, AND MCGINTY V. HENNEN: Update on Experts and Evidence in Construction Cases," 26th Annual Construction Law Conference
02/28/13"The Impact of Delivery Systems on Litigation Strategies," 26th Annual Construction Law Conference
02/19/13“Strategies for ‘Greening’ Design & Construction Contracts,” Society for College and University Planning, Catching Up to LEED Buildings
11/13/12"Autopsy of a Project – Death by Contract," 2012 National Conference of the Construction Users Roundtable
10/18/12“How Do Various Project Delivery Systems Affect Litigation Strategy in Multi-Party Claims?” Houston Bar Association, Construction Law Section
06/13/12"Autopsy of A Project - Death by Contract," 2012 LEAN Summit / CURT Member Meeting
04/18/12"2011 New Laws Affecting Construction in Texas," presentation to the HBA Real Estate Section
04/11/12"Managing Change Orders in Texas," Houston Contractors Association
02/15/12“Summary of Legislation Affecting the Texas Construction Industry,” Associated General Contractors of America
08/17/11“Summary of Legislation Affecting the Texas Construction Industry Passed by the 82nd Texas Legislature,” HUB International Rigg Insurance and Bonds
03/03/11Arbitration Panel: "Anatomy of a Complex Construction Arbitration," 24th Annual State Bar of Texas Construction Law Conference
10/01/10John Hawkins Presents Seminar at Annual Convention of Texas Society of Architects
09/23/10"What Do You Mean I'm Not Entitled to Recover My Damages - The Ramifications of Clauses that Limit Liability in Construction Contracts," University of Texas Construction Law Conference
03/15/10"Mechanic's Lien and Bond Claim Strategies in Texas," GAF 8th Annual Wealth Builder Conference
12/14/09“Lien Claims on Non-Residential Private Projects,” Texas Construction Lien and Bond Claims, Lorman Seminar
10/29/09“Change Orders in Texas,” The Texas Section of the American Society of Civil Engineers
09/01/09"Texas Legislative Update 2009," Smart Construction/Smart Business Program
05/28/09“Perfecting Bond Claims on Texas Public Work Projects” and “Perfecting Lien Rights on Private Projects,” Allied Fire Protection
08/26/08"The New AIA A201 General Conditions and How they Conflict with Texas Law and Other Problems," Lorman Seminar
04/16/08"2007 AIA A201 General Conditions Document: "Conflicts with Texas Law and Other Problems," presented to the Houston Bar Association Construction Law and Real Estate Law Joint Luncheon
04/01/08"Managing Construction Projects in Texas," Lorman Seminar
12/04/07"Warranties and Quality Control in Construction," presented to the Houston Chapter of the Associated General Contractors' Program on Project Management for the Construction Industry.
10/16/07“The Condominium Craze: Managing the Players, the Project, and the Potential Liability,” University of Texas Construction Law Conference
10/2007“Key Contract Provisions between General Contractors and Subcontractors,” Texas State Bar
07/14/07"Construction Contracts from the General Contractor's Perspective," State Bar of Texas Real Estate Course, San Antonio
06/28/06"Liquidated Damages Seminar," AGC/AIA Houston Joint Committee
06/2006“The Top Ten Important Things to Know when Dealing with the Surety Company,” Texas State Bar
03/22/06"Building a Foundation for Managing Complex Construction Law Issues in Texas," National Business Institute
03/02/06"Mechanic's Liens - The Top Ten Mistakes Claimants Make," 19th Annual Construction Law Conference
10/2005"Texas Construction Law: Can This Job Be Saved?" Lorman Seminar
05/18/05“Recent Changes in Implied and Extended Warranties,” Houston Chapter of Associated General Contractors
01/2005"Advanced Concepts in Construction Delay and Disruption Disputes," Lorman Seminar
01/2005"Change Orders vs. Construction Change Directives: The Devil is in the Details," San Antonio Bar Association
01/2005"Arbitration Tips and Tactics for Securities, Construction and Employment Cases", Houston Bar Association Construction Law Section
11/03/04“Solving Problems with Design-Build Documents in Construction in Texas,” Lorman Education Services Seminar
11/2004"Ethical Distinctions Between Arbitrator and Mediation", Houston Bar Association ADR Section
04/28/04“Girding for Shortages: U.S. Steel Price Crisis,” Associated Builders and Contractors, Inc.
03/10/04“Preparing the Expert Witness,” firm seminar
02/2004"Breaking Up Is Hard To Do: The Risks Inherent in Termination of Construction Contracts and Subcontracts," Association of Builders & Contractors Association
11/11/03"Top Five Construction Landmines and How to Avoid Them,” and “The Pitfalls of Using Standard AIA Forms,” Construction and Real Estate: Latest Industry Trends, Challenges and Tips, firm seminar
11/2003"Retention of Control by the General Contractor and Resulting Liability; When and How Does a Contractor Lose His Independent Contractor Protection and Who Becomes Liable?" Porter & Hedges Construction and Real Estate Seminar
10/2003"Bid Protests on State and Local Projects; Who Bears the Risk of Defective Plans & Specifications; Termination of Contracts; and Bond Claims in Public Works Projects in Texas," State Bar of Texas Construction Law Conference
10/2002"Practical Aspects of Proving Delay Claims," Texas Association of Defense Counsel, 2002 Construction Law Seminar
09/2002"Architect/Engineer Liability and Practice in Texas," Lorman Seminar
02/2002"Calculating Damages for Delay," State Bar of Texas Construction Law Section 15th Annual Construction Law Conference
08/2001"Advanced Construction Law in Texas," National  Business Institute Seminar
02/2001"Tips for Effective Mediation of Construction Disputes," Construction Financial Managers Association
08/2000"Construction Contracting with Public Entities in Texas," Lorman Seminar