Editorial: Construction in Texas

01 May 2007

One firm clearly stands out: construction boutique Ford Nassen & Baldwin PC has four of its partners listed, and was praised as “an absolutely first-class firm” by our sources. Founding shareholder Jeffrey Ford is “without doubt one of the top lawyers in Dallas”. He was praised for the breadth of his expertise, and has represented clients including owners, developers and contractors throughout the construction process, from the preparation of documents through the completion of the project to the resolution of any resulting disputes. Indeed, his dispute resolution work drew special comment, both as a litigator, and as a mediator and arbitrator; he is on the American Arbitration Association’s large complex construction case panel of construction arbitrators. Similarly, George Baldwin is “one of the best construction lawyers in Austin”. Particularly fêted for his litigation work in this field, interviewees also recognised his counselling work for both public and private owners, contractors and suppliers, as well as his mediation and arbitration work. William Short – a recent recruit to the Dallas office – has a highly rated transactional and dispute resolution practice. “Extremely well respected and loved by everyone”, he was commended for his arbitration and mediation work, having served on the AAA national roster of arbitrators and mediators for commercial and construction disputes. The firm can also call on former president of the American College of Construction Lawyers Robert Meyers (who also joined in January) as of counsel to the Dallas office. A former leader of Jones Day’s international construction practice, Meyers is a “highly respected figure in the local market”, having worked on projects such as the Taipei High Speed Rail, Trammel Crow Dallas Office Complex, MGM Grand and the JP Morgan Headquarters.

Canterbury Stuber Elder Gooch & Surratt PC has two partners listed from its Dallas office. Former member of the board of governors of the ACCL, Joseph Canterbury attracted uniformly admiring comments, having, in the words of one interviewee, “invented construction law in Texas”. He represented Connell Construction Company before the United States Supreme Court, and is also well known for his ADR work; he was formerly on the board of directors of the AAA. He is joined by Kyle Gooch, immediate past chair of the construction law section of the State Bar of Texas and a “truly fantastic lawyer”.

William Coats is head of the construction and surety section of Coats Rose Yale Ryman Lee PC and is seen as “one of the best around” by clients and peers alike. A past chairman of the State Bar of Texas construction law section and initial chairman of the Houston Bar Association construction law section, he is known for his representation of contractors and other parties in contentious and non-contentious matters. In the League City office, Thomas Barber is also well regarded. A registered professional engineer, he is especially well known for his representation of sureties.

The third firm with multiple representation in this chapter is Porter & Hedges LLP. David Peden is current chair of the State Bar of Texas’s construction law section and “has been a major player for a long time” according to our sources. A “first-class litigator”, he was successful in the recent trial of a construction delay and default case involving three projects, 7,000 exhibits and 60 witnesses, spread over four months in federal court. Respondents also spoke well of his drafting skills – he has been involved in the design of construction contract document preparation for projects in California, Florida and Texas. Allison Snyder is also based in the Houston office, and is one of Peden’s predecessors as chair of the State Bar’s construction law section. An “excellent litigator”, she was picked out for her work in construction contract and defect litigation, as well as claims arising from delays, payment and performance and wrongful termination disputes.

Many of the experts in this chapter are also able to offer high levels of arbitration expertise, none more so than William Andrews of Andrews Myers Coulter & Cohen PC in Houston. Andrews also appears in the arbitration chapter, and was commended in the construction research as “one of the best in Texas”. He has tried to verdict and arbitrated to award more than 50 construction cases, and is particularly well known for his work on behalf of contractors. In 2006 he represented an EPC contractor in the trial of claims and counterclaims pertaining to the design and construction of a cryogenic plant and fractionation plant.

The second lawyer from Austin in this chapter is William Allensworth of Allensworth & Porter LLP. Said to be an “all time great”, he has tried about 60 cases to Texas juries in state and federal courts, handled dozens of appeals, and is “eminently qualified to be on any list of the finest construction lawyers in the state”. Gregory Cokinos at Cokinos Bosien & Young PC in Houston is rated as an “excellent litigator” and “one of the top guys in town” by his peers. He is well known for his work for both commercial projects, such as office buildings and high-rise condominiums, and industrial clients including power plants, processing plants and offshore drilling platforms.

Stanley Curry of Curry McSwain & McKendrick PC is one of three nominees from San Antonio. A “very fine litigator”, he is known locally as past chairman of the construction law section of the San Antonio Bar Association. Elsewhere, the Gardner Law Firm represents a range of clients, including architects such as Chesney Morales & Associates, general contractors such as Alpha Building Corporation and Kencon Constructors, and suppliers such as Alamo Lumber Co. William Sommers is included from theGardner Law Firm. He has been involved in complex multi- party litigation regarding non-performance or defective performance, delay and impact claims and design omissions or defects in both state and federal court, as well as in arbitrations. The third San Antonio-based inclusion is Lewin Plunkett of Plunkett & Gibson. Another of the former chairs of the state bar’s construction law section on our list, he is a “tenacious and effective litigator” with experience of over 100 jury trials in a range of areas. Donald Pratt of Pratt & Yungblut PC is the sole representative from Arlington, and shares the distinction of being a former chair of the state bar’s construction section with several others on this list. A renowned litigator and arbitrator in this field, he possesses a “great legal mind” according to those who have worked with him.

Hollye Fisk of Fisk & Fielder PC in Dallas was described as “the best in the state for representing architects and engineers”. In addition to trying over 160 cases to conclusion in state and federal court, he is a registered architect and a Fellow of the American Institute of Architects. From the same city, chairman of the Dallas Bar Association’s construction section, Paul Underkofler, of Goins Underkofler Crawford & Langdon LLP is “well deserving of a place among the best”.

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