Dallas Austin

We know your business.

We know your business because we have practiced in your field. We are designers and contractors who are also lawyers, counselors, and risk managers. We have first-hand experience designing projects, providing construction administration and management for construction projects, and constructing projects. We represent architects, engineers, other design professionals in transactional, pre-claim, pre-suit claim, and litigated and arbitrated matters throughout the State of Texas, and in proceedings before the licensing boards in Austin.

Architects / Engineers / Design Professionals.

We are designers, contractors, and attorneys who understand your business and the legal issues that surround it. Our attorneys represent architects, engineers, land surveyors, landscape architects, and other design professionals throughout the state of Texas. The firm’s clients are involved in commercial, municipal, federal, multi-family, single family, and industrial design and construction.

We provide proactive representation throughout the design and construction process and long after the improvements are put into use. During the contract negotiation process, we review, write and supplement owner contracts and consultants’ agreements. During construction of the project, we work with you to devise, within the framework of your contractual obligations, unique solutions to problems. After substantial completion of the project, we assist you with claims pertaining to delay damages, construction and design defects, and lien and payment issues.

Some of the services we provide to architects, engineers, and design professionals include:

• Assist in developing exclusions and inclusions for particular scopes of services;
• Review and modify consulting agreements;
• Assist during the construction process to resolve disputes regarding proper interpretation of specifications, scopes of proposed change orders, and requests for information;
• Handle cease and desist demands pertaining to intellectual property claims;
• Representation in pre-claims, pre-suit claims, and litigated, arbitrated, and appealed matters regarding alleged design errors and omissions;
• Representation before the licensing boards; and
• Development of risk management processes and systems and training on those techniques.

We believe that every legal matter provides an opportunity to improve your risk management practices. That may entail developing risk management systems or providing training on how to use existing ones. We are committed to helping you improve or develop your risk management practices.

Our attorneys are uniquely qualified to represent design professionals. One of our attorneys holds a Professional Engineer’s license and practiced structural engineering prior to entering law school. Another of the firm’s attorneys holds a bachelor’s degree in civil engineering. Collectively, our attorneys have assisted and represented design professionals throughout the state of Texas. We look forward to working with you.

When an appeal is appealing.

We recognize, as does our judicial system, that judges, attorneys, and parties are not infallible. For that reason, courts of appeal have the ability to review judgments and determine whether sufficient error has occurred to warrant reversal or remand. Our attorneys have extensive experience with interlocutory appeals, writs of mandamus, and post-judgment or post-award appeals.

Civil Appellate Law.

Our approach to civil appeals is simple: advise you early whether it is worth your money to pursue or defend an appeal. Working with you, we develop an appropriate legal solution, whether that entails filing an appeal or seeking an alternative means of resolving the dispute, such as mediation.

Our attorneys have handled interlocutory appeals, writs of mandamus, and post-judgment appeals on such matter as:

• Arbitration;
• Architects/engineers certificates of merit;
• Consulting expert privilege
• Debt collection;
• Governmental immunities;
• Statutes of limitations; and
• Sufficiency of evidence.

Some of our attorneys’ published appellate opinions are as follows.

• In re Daredia, 317 S.W.3d 247 (Tex. 2010)
• Zaporozhets v. Court Appointed Receiver, Cause No. 12-DCV-199496, 2014 Tex. App. LEXIS 11332 (Tex. App.—Houston [14th], no pet.)
• Tuscan Builders, L.P. v. 1437 SH6, LLC, 438 S.W.3d 717 (Tex. App.—Houston [1st] 2014, no pet.)
• Virginia Oak Venture, LLC. v. Fought, 448 S.W.3d 179 (Tex. App. –Texarkana 2014, no pet.)
• In Re Bates, 429 S.W.3d 47 (Tex. App. – Houston [1st] 2014)(orig. proceeding)
• Communities Helping Communities v. City of Lancaster, 316 S.W.3d 782 ( App. – Dallas 2010, no pet..)
• Belvedere Condos. at State Thomas v. Meeks Design Group, Inc., 329 S.W.3d 219 (Tex. App.—Dallas 2010, no pet.)
• In re Fast Trak Construction, Inc., 307 S.W.3d 526 (Tex. App.—Dallas 2010)(orig. proceeding)
• Gray County v. Shouse, 201 S.W.3d 784 (Tex. App.—Amarillo 2006, no pet.)

We look forward to assisting you in handling your civil appellate matters.

We protect you.

We understand that success, whether in business or in civil litigation, is built upon vision, persistence, and precise execution. The definition of success, however, may vary from person to person, with even the same person defining the term differently as circumstances evolve or change. We start our representation by working with you to develop your definition of success. Throughout the course of representation, we continue to revisit and refine that definition to assist you in achieving the best chance of obtaining success.

Civil Litigation.

Civil litigation can be time and cost intensive. We believe it is important to discuss early and often the risks and potential rewards of litigation. We provide in-depth analyses of liability, damages and exposure as well as collectability of judgments and awards throughout the life of the litigation. Of equal importance, we provide litigation budgets that allow you to forecast expenses and, if desired, explore less costly means of resolving the dispute.

Part of the modern litigation process in Texas is the widespread use of alternative dispute resolution (ADR) prior to and subsequent to trial. Many times contracts, when they form the basis of the dispute, require the use of certain ADR methods. The most common method of ADR is non-binding mediation, though summary jury trials and other methods exist. Our attorneys have extensive experience in various forms of ADR and believe, if used effectively and timely, can achieve long-term, and predictable resolution of the dispute.

Some disputes, regardless of how earnest the attempts to resolve them, will not or cannot settle. In those instances, trial or arbitration is necessary and retention of counsel with experience trying cases, not just litigating the case up to trial, is imperative. Our attorneys have extensive trial and arbitration experience and will not shy away from trying a case to a jury or an arbitration panel.

Our attorneys have handled a wide range of civil matters, taking some through award stage, in such areas as:

• Eviction in commercial lease disputes;
• Foreclosure of liens;
• Fraud (common-law and statutory);
• Personal injury;
• Premises Liability;
• Property damage;
• Product liability;
• Protective orders and temporary and permanent restraining orders;
• Tradename infringement;
• Trespass; and
• Declaratory judgment actions.

We look forward to helping you define and achieve success.

We are passionate about your business.

We understand your business from the inside out. We are designers and contractors who are also lawyers, counselors, and risk managers. We have first-hand experience in designing projects, providing construction administration and management services for projects, and constructing projects. We represent owners, developers, contractors, subcontractors, material manufacturers, and design professionals in transactional, and pre-suit, litigated and arbitrated matters throughout the State of Texas.

Construction Law.

We are attorneys who are also designers and contractors. As such, we understand your business and the legal issues that surround it. We represent owners, developers, general contractors, construction managers, subcontractors, and product manufacturers throughout the state of Texas. The firm’s clients are involved in commercial, federal, municipal, multi-family, single family, and industrial construction projects.

We provide proactive representation throughout the construction process and long after the improvements are put into use. During the contract negotiation process, we review, write and supplement owner contracts and subcontract agreements. During construction of the project, we work with you to devise, within the framework of your contractual obligations, unique solutions to problems. After substantial completion of the project, we assist you with claims pertaining to delay damages, workmanship issues, and lien and payment issues.

Some of the services we provide to participants in the construction industry include:

• Preparation, review, and negotiation of owner-contractor agreements, subcontract agreements, supplier agreements, and other contract documents;
• Negotiation of indemnity, payment, liquidated damage, and insurance provisions;
• Guidance on default and termination procedures and notices;
• Advice on lien rights, including preparation or requisite notices and lien affidavits;
• Advice on value engineering, change order, and payment issues that arise during the construction project;
• Representation in pre-suit claims, and litigated, arbitrated, and appealed matters regarding workmanship issues, delay damages, and payment issues;
• Development or refinement of risk management processes and systems; and
• Training on risk management techniques to minimize the likelihood of future disputes.

We believe that every legal matter provides an opportunity to improve your risk management practices. That may entail developing risk management systems or providing training on how to use existing ones. We are committed to helping you improve and refine your risk management practices.

Our attorneys are uniquely qualified to represent members of the construction industry. One of our attorneys holds a Professional Engineer’s license and practiced structural engineering prior to entering law school. Another of the firm’s attorneys holds a bachelor’s degree in civil engineering. Collectively, our attorneys have assisted and represented owners, developers, general contractors, design-builders, subcontractors, suppliers, and material manufacturers throughout the state of Texas. We look forward to the opportunity to work with you.

We have you covered.

Insurance policies are complicated. We understand that even though most people have insurance policies, reading an insurance policy and its numerous exclusions and exceptions to coverage is not easy. Our goal is to assist you in understanding the terms and conditions of your insurance policy. Our attorneys provide practical advice on how to resolve the issues at hand. We also advise you on enhancing existing insurance programs to make sure you are protected.

Insurance Coverage.

Our attorneys have experience in handling coverage matters inside and out, as former employees of insurance companies and as outside retained counsel. We recognize that the case law regarding insurance coverage issues are constantly evolving.   Our attorneys maintain a watchful eye on recent case developments and trends that may impact your coverage rights or responsibilities and the need to obtain other insurance to make sure you are protected.

Some of services we provide in our insurance coverage practice include:

• Review of policies for determination of coverage;
• Preparation of coverage opinions;
• Interpretation and preparation of reservation of rights letters;
• Representation in subrogation and contribution actions regarding coverage;
• Representation in declaratory judgment actions regarding coverage; and
• Representation in insurance bad faith actions.

Our attorneys have provided coverage advice regarding many different types of insurance policies, such as:

• Environmental/pollution policies;
• General liability policies;
• Officers and directors policies; and
• Professional liability policies.

We look forward to assisting you in coverage needs.

We can see it coming.

As business owners, we recognize that accidents happen, and sometimes with greater frequency or severity than we expect. In some instances, accidents are preventable and might be prevented from reoccurring if proper risk management procedures are developed and implemented.  We provide counsel regarding personal injury matters from the earliest stages of developing risk management and safety programs to trial to the last stages of appeals.

Personal Injury.

We recognize that some personal injury matters must be tried. Our team consists of an attorney certified in personal injury law by the Texas Board of Legal Specialization and other experienced attorneys who will vigorously pursue your defenses.

We also recognize that many personal injury claims can be resolved before trial through informal settlement communications among the parties or alternative dispute resolution (ADR). Our attorneys have the respect of their colleagues, facilitating earnest and honest discussions to settle cases early, if warranted. Our attorneys also have extensive experience in using ADR methods such as mediation and arbitration to resolve claims.

Many personal injury claims can be avoided altogether with proper processes and systems. Our firm counsels you on risk management techniques and training programs that, if implemented, may result in reduced frequency or severity of claims. We also identify potential gaps in your existing insurance program regarding these types of claims so you are better protected.

Our attorneys handle a wide array of personal injury claims on behalf of businesses throughout the State of Texas.   Among the types of claims giving rise to such injuries that we handle are:

• Construction site accidents;
• Dram shop liability;
• Mold exposure;
• OSHA violations;
• Premises liability;
• Product liability;
• Survivorship claims;
• Toxic exposure; and
• Wrongful death.

We look forward to helping you manage the risk associated with personal injury claims, whether in developing proper practices or representing you in active claims.

We get it.

As fellow professionals, we understand that your reputation is paramount and that claims relating to advice you provide are of a very personal nature. We take allegations of errors or omissions with the seriousness they deserve. Our representation extends beyond the matters at hand to provide proactive risk management advice to reduce the likelihood of future claims.

Professional Liability and Malpractice.

Our attorneys represent a many different types of professionals in a malpractice matters, such as:

• Accountants
• Architects
• Attorneys
• Engineers
• Financial Advisors
• Insurance Agents and Brokers
• Landscape Architects
• Land Surveyors
• Mental Health Care Providers
• Real Estate Agents/Brokers
• Real Estate Inspectors

Our firm counsels and represents professionals in several ways, including:

• Guidance on risk management and best practices;
• Preparation and review of consulting services agreements;
• Pre-claim representation;
• Pre-suit claim representation;
• Representation in litigation, arbitration and on appellate matters; and
• Representation in front of licensing boards.

Let us know how we can help you.