Construction

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Practice Contact

Joe Virene

713.986.7206

713.730.5855

jvirene@grayreed.com

J.P. Vogel

469.320.6175

jpvogel@grayreed.com

At Gray Reed, we believe that effectively representing construction businesses requires an industry based practice. It’s not enough to know the law—you need to know the industry, how it operates and how a project progresses.

Depth of Experience Within Our Construction Law Practice Group

Two attorneys are Board Certified in Construction Law by the Texas Board of Legal Specialization.
Our construction law practice was recognized in the U.S. News & World Report and Best Lawyers 2023 "Best Law Firms" ranking.
Four attorneys are listed as a 2024 Best Lawyer in America (a Woodward/White company) in the field of construction law and/or construction litigation.
One attorney is recognized by Texas Super Lawyers (a Thomson Reuters publication) in 2022 in the field of construction litigation.
One attorney is currently serving his fifth term in the Texas House of Representatives and is an advocate for the construction industry.
One attorney was a civil engineer before attending law school.
Our lawyers are frequent authors and lecturers on construction law topics and contribute to the firm's Texas Construction Law Blog.

Our Services

Our attorneys provide a full range of legal services to contractors and owners ranging from small, family-owned businesses to ENR Top 400 Contractors, state and local government agencies and Fortune 500 Corporations.

We have worked with clients on a wide variety of projects ranging from highways and bridges to airports and mass transit to power and chemical plants and cogeneration facilities to hospitals, hotels, golf courses and more. Our clientele and trade representation is just as diverse, including owners, developers, general contractors, specialty subcontractors, equipment and material suppliers, governmental and quasi-governmental entities, and municipalities. Trades represented include concrete, glazing, plumbing, electrical, roofing, construction management, civil construction, metal fabrication, remediation, site work and underground utilities.

We assist construction industry clients with acquisitions, project development and finance, contract formation, project management and “real time” advice, claims preparation and resolution, mechanics liens and payment bond claims, open account collections, OSHA, regulatory and licensing matters, labor and employment issues, environment compliance, MBE/WBE/DBE requirements, suretyship, mediation, arbitration and alternative dispute resolution proceedings, and litigation.

Our scope of work is as broad as yours.

Access to Resources and General Counsel Capabilities

As a full service firm, we are uniquely positioned to effectively represent and counsel construction industry businesses beyond routine or the most complex construction matters. When a client's need goes beyond the expertise or jurisdiction of a construction law attorney, our firm has a worldwide network of lawyers for international and cross-border issues and a construction industry team made up of attorneys with a range of practices all focused towards the construction industry. These resources allow us to serve as outside general counsel for our clients and help solve nearly any issue they may face in the life cycle of their business such as corporate, labor and employment, tax, estate planning, real estate, bankruptcy, intellectual property, wealth preservation, government investigations and compliance, and commercial litigation matters.

Our Purpose is You.

As trusted advisors, we develop a deep understanding of your goals and objectives, so we can anticipate future issues and opportunities, and deliver highly personalized service. Our vast construction industry knowledge combined with a creative, pragmatic approach arms us to relentlessly protect you and your interests.

Representative Experience: Construction Contracts

Repeated representation of U.S.-based energy and industrial construction company in the review and negotiation of its prime and sub construction contracts.
Represented international owner in the negotiation of multiple construction contracts for a +$100 million industrial facility construction project in the Houston, Texas area.
Representation of low bidder during proceedings related to protest of award of $60 million pipeline construction contract by Public Works Department.
Represented developer in protracted negotiation of Project Contract Documents with General Contractor for construction of state of the art community welcome center in Austin, Texas.
Representation of low bidder in defense of protest of award of $40 million large diameter water main contract by North Carolina utility district.
Negotiation and drafting of favorable prime contract terms on behalf of owner of a $30,000,000 hospital expansion project.

Representative Experience: Construction Litigation

Represented Developer in dispute with General Contractor regarding multi-million dollar hotel project, obtaining successful resolution of all affirmative claims and successful defense of all counterclaims asserted by Defendants.
Represented Pittsburgh, PA based OEM plumbing part distributor regarding a dispute with a Texas based sales representative company related to alleged unpaid commissions.
Obtained $1.25 million arbitration award of lost profits in favor of government subcontractor against prime contractor for wrongful termination of subcontract to provide hardware and software maintenance and support services to U.S. Air Force after three day arbitration trial as first and only chair.
Represented Ohio based metal roofing manufacturer in litigation with Louisiana material distributor and obtained a judgment in excess of $700,000.
Represented Houston based general contractors in breach of contract litigation against Project owner. Representation resulted in favorable settlement for general contractor.
Represented Houston based mitigation contractor in litigation against Oklahoma based subcontractor regarding a breach of contract dispute in excess of $500,000. Representation included the successful defense of client from the enforcement of a Oklahoma Choice of Law and Venue provision, affirmed by the Oklahoma Supreme Court.
Represented Dallas based concrete contractor in the preparation and perfection of a Restricted Appeal which resulted in favorable settlement for client.
First chair prosecution of Oklahoma administrative appeal hearing leading to ten year debarment of contractor for substituting unapproved aggregates into defective pavement and submitting false information concerning use of subcontractors and subsequent representation during administrative review process.
Preparation and litigation of differing site conditions claim by Texas horizontal directional drilling subcontractor against prime and third party defendant Texas municipality to mediated settlement following equipment failures, production loss, and delay caused by unforeseen and unusual rock mechanics.
Obtained order and warrant to seize a vessel owned by a foreign entity on behalf of a Houston based engineering company.
Represented Environmental Subcontractor in dispute with General Contractor on massive waste-storage facility in South Texas, obtaining successful resolution of all claims prior to trial.
Obtained successful results on behalf of Owners, General Contractors, Subcontractors and Sureties in disputes regarding commercial construction Projects throughout the United States.
Defense of project owner / developer of $20M retail center in Alaska against multiple change order requests for extra work and delay and prosecution of counterclaims to mediated settlement.
Represented San Antonio based glazing subcontractor in a $30 million dispute in Bryan-College Station,Texas involving construction defects and delay claims
Arbitration defense of claim against state DOT arising from state directive to remove and replace $3,000,000 of defective asphalt pavement and subsequent prosecution of debarment action on behalf of state related to substitution of unapproved aggregate materials and false subcontract reporting.
Arbitration defense on behalf of prime contractor of a multimillion dollar claim by subcontractor for changes arising from a fiber innerduct installation contract, and prosecution of counter claims for defective workmanship by subcontractor.
Obtained dismissals and favorable resolutions for several defendants to preferential and fraudulent transfer claims arising out of Lyondell bankruptcy.
Litigation defense of multimillion dollar claim for delay/cover/fraud by prime contractor following termination of structural steel supply contract for expansion of a petrochemical plant, and prosecution of counterclaims on behalf of steel supplier.
Prosecution and analysis of prime contractor claims for return of liquidated damages and recovery of extras spent in constructing 450 megawatt cogeneration facility.
Successfully defended employee and current employer in temporary injunction hearing. The plaintiff’s application for injunctive relief was denied.
Obtained a temporary injunction against former employees of an oil field services company for violations of covenants not to compete.
Obtained numerous successful resolutions on behalf of parties prosecuting and defending against covenants not to compete.
Obtained numerous summary judgments on behalf of construction suppliers against subcontractors who failed to pay for materials purchased on credit.
Obtained a dismissal of negligence and breach of contract claims against an electrician and an award of attorney fees against plaintiff in arbitration.
Obtained Summary Judgment on behalf of General Contractor in response to substantial bond claims asserted by a Subcontractor on a Project for the Trinity River Authority.
Represented design professional in dispute with Owner and General Contractor regarding services provided for the design and construction of the Venetian Phantom of the Opera Theatre Project in Las Vegas, Nevada.
Successfully defended employee and current employer in temporary injunction hearing. The plaintiff’s application for injunctive relief was denied.
Represented multi-million dollar Real Estate Developer in numerous lawsuits involving commercial properties across Texas, Alabama and Florida.
Defense of various OSHA citations for serious, willful and repeat violations, including citations involving job site fatalities (excavation, blasting and confined space).
Defended public official against citizen’s defaming, libelous and slanderous remarks made in public forums and City Council Meetings.
Assisted District Attorney’s office in sentencing of a Criminal Defendant who stole hundreds of thousands of dollars from client/victim in a Ponzi scheme.
Represented commercial tenant in numerous dispute with landlord, obtaining complete recovery for tenant.

Representative Experience: Construction Project Management

Representation of Texas public hospital district in implementation of replacement hospital program with estimated cost in excess of $1 billion.
Leading three project teams of engineers, consultants and attorneys responsible for preparation and presentation of multimillion dollar claims for additional compensation in connection with the expansion of terminal facilities at two major international airports.

Representative Experience: Bonds & Liens

Representation of Houston based mitigation contractor regarding disputes on 15 different construction Projects resulting from Hurricane Ike. Representation resulted included the filing of mechanics and materialmens liens on each related Project.
Represented Canadian based contractor in the perfection and collection of more than 100 separate mechanics and materialmens liens filed against multi-story condominium complex.
Represented one of the nation’s largest steel fabricators in payment dispute with defaulted prime contractor on interstate highway expansion project. Representation included the perfection of multiple payment bond claims and the negotiation of payment to client in excess of $12 million.
Negotiation of bond claim settlements with multiple suppliers and second tier subcontractors following termination and bankruptcy of first tier tunneling subcontractor for original contractor on Texas public works project.
Represented Hotel Owner in Interpleader Action in District Court, successfully negotiating settlements with numerous subcontractors and suppliers and obtaining removal of liens from Hotel property.
Representation of owner in resolution of over $7 million in lien claims filed against 20,000 sf restaurant space following abandonment of contract by prime contractor and prosecution of claims against owner's contractor, construction manager and design professionals.

Thought Leadership / News

August 11, 2023

Blogs

Texas Legislature Expands Suspension Rights Under the Prompt Pay Acts

Texas Construction Law Blog

By Joe Virene

February 17, 2023

Speeches and Presentations

The Intersection of Business and Politics: What You Need to Know

NASPD Annual Convention

By Jeff Leach

February 13, 2023