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Construction Litigation

Thompson & Knight’s work involving construction and engineering-related cases dates back to the Firm’s handling of claims for damages caused by the Great San Francisco Earthquake of 1906. The Firm has been involved in defending the design and construction of many of Texas’ largest buildings, arts facilities, and stadiums.

Overview

Thompson & Knight’s work involving construction and engineering-related cases dates back to the Firm’s handling of claims for damages caused by the Great San Francisco Earthquake of 1906. The Firm has been involved in defending the design and construction of many of Texas’ largest buildings, arts facilities, and stadiums.

113 Years of Construction Experience

In the century since Thompson & Knight handled claims for damages from the Great San Francisco Earthquake of 1906, the Firm has assisted clients in facilitating and defending the design and construction of many of the most prominent buildings in Texas.

TK has defended the design and construction of downtown skyscrapers in various cities and states, hospitals and medical facilities in Dallas and Houston, the NRG Houston Astrodome, Texas Stadium, AT&T Stadium, and the Morton H. Meyerson Symphony Center.

Scope of Clients and Cases

TK has represented contractors, owners, architects, and engineers in virtually every type of construction lawsuit. We have defended and prosecuted claims involving claims of fraud, negligent design and construction, construction failure due to catastrophic weather, contract interpretation disputes and delay damages, environmental issues, job site personal injury, and wrongful death.

We are formidable advocates for our clients, whether in the courtroom or in dispute resolution negotiations before trial.

Appeals of Construction Cases

TK has significant appellate experience in the construction industry, including the first case in which a Texas appellate court ruled that the Texas 10-year statute of repose barred claims by an owner of defective design, workmanship, and construction. Dallas Market Center Development Company v. Austin Commercial, Inc., 824 S.W.2d 218 (Tex. App.-Dallas 1992, writ denied)

Received a national first-tier ranking for Commercial Litigation in U.S. News - Best Lawyers® “Best Law Firms” 2019

113

TK has handled construction claims for 113 years

Experience

  • Defense of Architects, Engineers, and Construction Companies – More than a century of defending architects, engineers, and construction companies against claims of construction defects and negligence
  • Defense of Plant Explosions and Fires – Representation of a Fortune 500 manufacturing, engineering, and technology company in defending against claims of negligence in connection with plant explosions, fires or release of chemicals and resulting claims for personal injury, wrongful death or property damage
  • Defense of Refinery Construction – Defense of a $30 million claim by a Fortune 500 manufacturer and distributor for damage to a refinery from allegedly defective plant control systems installed by TK’s client; case resolved in favor of our client with no payment
  • NASA Construction of Space Shuttle Components – TK represented a crane manufacturer that sued a NASA subcontractor over an overhead crane system used to manufacture Space Shuttle solid rocket boosters, resulting in substantial recovery for our client
  • NFL Stadium Design and Construction – Representation of a Fortune 100 manufacturing, engineering, and technology services company in defending against claims of negligent design and construction of a 70,000-seat NFL stadium, and representation of an NFL team in connection with development and construction of an 80,000-seat stadium, the fourth-largest in the NFL
  • Defense of Dallas Symphony Center – Defended against claims of defects in the construction of the 220,000 square-foot Morton H. Meyerson Symphony Center in the Dallas Arts District.
  • Defense of Chemical Plants – Representation of a Fortune 500 chemical manufacturer in connection with the development and construction of a 34-acre research and development facility
  • Oil & Gas-Related Construction – Representation of $200 million development and construction of two office towers in the Houston Energy Corridor, and representation of a large aggregate service industry company in a construction case related to Frac Sand Plants
  • Sub-Surface Water Systems – Representation of a national iron products manufacturer in a Southern California construction case regarding claims of defective construction of underground water supply system
  • Defense of Hospitals and Medical Facilities – Representation of numerous hospitals and medical facilities, including representation of one of the fastest-growing national hospital chains in construction of a 130,000-square-foot medical complex
  • Defense of Light Rail Systems – Representation of a mass transit group against claims of defective construction of a light rail system in Southern New Jersey
  • Defense of National Home Builders – Representation of two of the nation’s largest home builders in defense against claims of design and construction defects in connection with projects in Texas, Florida, and North Carolina
  • Defense of Custom Home Builders – Represented custom home builders in a number of cases, including securing a defense verdict on a claimed breach of construction contract, with the jury also finding plaintiff’s claims constituted slander per se and granting our client a permanent injunction, actual and punitive damages, and reimbursement of TK attorney’s fees
  • Defense of EPA Enforcement Actions in Construction Projects – Counseled a home builder in a threatened EPA nationwide enforcement action alleging non-compliance with federal regulations governing discharges of storm water
  • Elevator Design and Construction – Representation of companies manufacturing or installing elevators in commercial and residential buildings against claims of design or manufacturing defects, including wrongful death claims arising from catastrophic elevator failure
  • Defense of Apartment Complex Claims – TK has represented numerous clients in connection with design and construction of apartment complexes, including defense of an apartment developer in litigation and arbitration over a general contractor’s breach of contract on the multi-million-dollar renovation of a 450-unit apartment complex, resulting in a substantial award to TK’s client for damages from lack of code compliance, for asbestos remediation, and for delay damages
  • Defense of Structural Defect Claims – Numerous prosecution and defense of claims of structural defects, including recovery of substantial damages for a valve manufacturer against an engineering service company for failure to identify structural defects in a commercial building
  • Claims for Damages Over Construction Delays and Scope of Work Disputes – Represented an owner and general contractor against claims by a subcontractor for delay damages in an arbitration proceeding, securing a finding of no damages for TK’s client
  • Construction Across the U.S. – Representation of construction projects in numerous states, including: (a) $50 million residential construction in suburban Miami; (b) construction of a $130 million, 23-story tower in Honolulu, Hawaii; (c) representation of an Oregon-based international supplier of construction products; and (d) representation of a developer in connection with construction of a $600 million mixed-use development in Atlanta