Timothy J. Fandrey

I take great pride in my depth of knowledge of construction law. When my clients are involved in a project dispute, I understand that it is a distraction that can keep them from focusing on their business. That is why I look for ways to help clients take advantage of opportunities to solve the overarching problem as quickly as possible and avoid picking up the pieces later in litigation.

As a lawyer and former civil engineer, Tim Fandrey has a strong understanding of the legal, technical and business challenges that clients face in the construction industry. His practice is primarily focused on helping general contractors, subcontractors, property owners and developers resolve the wide variety of claims and litigation that can arise in commercial and residential construction projects, including payment disputes, lien and bond claims, delay in performance claims, productivity claims, construction and design defects plus many more. Tim is Board Certified in Construction Law by the Texas Board of Legal Specialization. 

In addition to his litigation practice, Tim provides real-time advice through every phase of construction projects to help clients resolve developing issues proactively before they become expensive problems in the courtroom. He also advises clients on a broad range of construction transactions and negotiates associated deal documents, including owner agreements, subcontractor agreements and design agreements.

Before starting law school, Tim worked as a civil engineer for over four years, gaining unique practical experience in both the public and private sectors. After designing dozens of bridges and roadways for the Missouri Department of Transportation, Tim worked as a private engineering and environmental consultant and developed hands-on project management skills while overseeing numerous bridge, roadway and other design projects.

Representative Experience

Construction Litigation and Claims

  • Successfully represented a general contractor in arbitration against subcontractor and subcontractor’s surety in delay case.
  • Successfully steered specialty mechanical subcontractor to resolution of its numerous claims against general contractor for non-payment, delay, and extra work on four U.S. Department of Defense projects in the United States and Europe.  Resolution included payment to the client of over $900,000.
  • Obtained reinstatement of federal government general contractor after being terminated for cause from a project on a military base.
  • Negotiated re-hiring of specialty subcontractor by its surety after being terminated by general contractor on public project.
  • Successfully assembled and prosecuted loss of productivity and delay claims on behalf of heavy civil contractor against municipality resulting in favorable settlement at mediation of over $1.8 million.
  • Successfully represent shopping center owner to obtain resolution of over 30 mechanic’s liens totaling over $10 million filed against its property.
  • Routinely prosecute and defend lien and bond claims on behalf of subcontractors, contractors, owners and developers.
  • Successfully represented mechanical contractor in the prosecution of a $20 million productivity claim.
  • Represented utility contractor in the prosecution of a multi-million dollar differing site conditions claim.
  • Represented site/civil contractor in defense of productivity claim by paving subcontractor.
  • Represented commercial subcontractor in matter before the Safety Review Board of the Indiana Occupational Safety and Health Administration.

Construction Transactions

  • Structured multiple multi-million-dollar multi-family housing construction transactions and prepared related documents in accordance with federal guidelines.
  • Prepared family of template construction agreements for a $300 million mechanical contractor performing work nationwide.
  • Negotiated and closed multi-million-dollar construction company stock purchase. 
  • Routinely prepare and negotiate and construction agreements for owners, developers, contractors and subcontractors in all market segments for all project delivery methods, including, design-bid-build, design-build, and construction manager-at-risk and EPC.
Thought Leadership / News
February 27, 2023 
 In the News

National Association of Steel Pipe Distributors 

January 10, 2023 
 Press Releases
January 3, 2023 
 Press Releases
November 8, 2022 
 Speeches and Presentations
Change Order Best Practices

CFMA - Heart of Texas

July 13, 2022 
 Speeches and Presentations
New Texas Legislation

CFMA - Heart of Texas

Organizational Involvement
  • State Bar of Texas
    • Construction Law Section
  • Dallas Bar Association
    • Construction Law Section
  • American Bar Association
    • Forum on Construction Law
  • American Society of Civil Engineers
  • J.D., magna cum laude, Saint Louis University School of Law (2012)
  • B.S., Civil Engineering, University of Missouri (2005)
Bar Admissions
  • Texas
  • Indiana
  • Missouri
  • Montana, Inactive
Court Admissions
  • United States District Court, Northern District of Texas (2018)
  • United States District Court, Northern District of Indiana (2012)
  • United States District Court, Southern District of Indiana (2012)
When I Feel Most At Home
  • Spending time with my family
  • Weightlifting