I started at TFW in 2004; I became a partner in 2009. I consider myself to be both a counselor and a trial attorney. As counselor I help clients understand the law and contract terms and advise on what steps can be taken to avoid or minimize legal disputes. My goal as trial attorney is to resolve legal disputes favorably for the client. Regardless of my role, my process is the same – Understand the client’s issue, evaluate the applicable law and contracts, identify the key facts, persons and data and work as hard as I can to achieve the client’s objective.
In the lead up to a project I have experience advising clients on submitting bids, negotiating contracts and setting up internal processes to ensure compliance with contract terms. Once a contract has been created, I have experience assisting clients in negotiating change orders and backcharges, giving written notice for potential delays, increased costs and other contract claims, demanding payment for services rendered, perfecting lien rights, and working through claims of nonperformance and failure to comply with specifications. Once a dispute has arisen, I represent the client in informal and formal efforts to resolve the dispute. This includes informal negotiations, mediation and, if necessary litigation and arbitration.
In my 25 years I have represented all manner of trade contractors, specialty contractors, suppliers, rental companies. I have also represented design professionals, general contractors and owners. In representing a wide variety of clients, I handled all manner of construction disputes. Typical disputes include those involving breach of contract, payment, mechanic and constitutional liens, trust funds, prompt pay interest, delays and acceleration of schedule, payment and performance bonds, and construction defects. Other disputes I have handled for contractors include those involving job site accidents, fleet vehicle auto accidents, traffic violations, municipal and environmental citations, insurance coverage, commercial leases, personal guarantees and equipment rentals and OSHA.
I am a proud member of the Construction Law Section of the Dallas Bar Association, the Construction Law Section of the Texas Bar Association, the American Subcontractors Association (ASA) Attorneys Counsel. I also have as legal counsel to the Texas Crane Owners Association (TCOA) and am serving as legal counsel for the Dallas-Ft. Worth Drywall & Acoustical Contractors Association (DACA) and the American Subcontractors Association of North Texas. I have given seminars and written articles on a variety of construction-related topics including contract clauses, mechanics liens, project documentation, and payment practices.
In 1998 I graduated from Dallas Baptist University with a bachelors degree in Political Science. In 2001 I graduated from Baylor School of Law with a juris doctor degree. I am wonderfully married to Valerie Nectoux, an architect and the proud dad to Grant, Emery and Margot.