214.761.6610 paul@capslaw.com

Commercial Disputes

Firm has also pursued and responded to product liability claims, both as Plaintiffs and Defendants. While a primary focus of the Firm’s dispute resolution efforts is in the construction industry, the Firm has resolved and will continue to pursue resolution of all types of civil disputes. An example of experience outside the construction industry includes:

As Plaintiff :: Selected Case Summary (Not a guarantee of future results)

The Firm pursued a breach of contract claim on behalf of a property tax reduction company against a law firm. The jury awarded all damages sought at the conclusion of the trial.

A contentious landlord/tenant dispute involving claims and counterclaims was resolved through a mediation process, thereby avoiding the costs and risks of trial. The ability of the Firm to develop evidentiary responses to the claims led to a prompt and favorable resolution of the lawsuit.

Owners

Capshaw & Associates has represented owners both in prosecuting claims as Plaintiffs and defending claims as Defendants.

As Plaintiff :: Selected Case Summary (Not a guarantee of future results)

A park was under construction for a large Texas city when a gas pipeline was ruptured by the contractor. Since the contractor ruptured the pipe and the design team failed to identify the existence or specific location of the ruptured line on its plans, the city demanded reimbursement from the contractor and design team for the costs incurred in detoxifying the site. When the construction group failed to respond to the demand, a suit was filed. Thereafter, by virtue of the creative use of alternative dispute resolution techniques, the city was reimbursed for its losses.

The owner and developer of a condominium project were sued for extensive design and construction errors by the homeowners’ association which sought to hold the owner liable for the cost of installing a retaining wall to prevent erosion of a creek bank and subsequent damage to the condominium units. Through aggressive defense of the claim, the dispute was resolved fairly and for only a fraction of the homeowners’ association’s original claim.

Contractors

  • The representation of contractors has included not only the defense and prosecution of claims, but also the avoidance of claims through pre-construction contract review and negotiations.

As Plaintiff :: Selected Case Summary (Not a guarantee of future results)

Upon completion of work on a project, the owner refused to pay the mechanical contractor for services performed, resulting in the commencement of a lawsuit against the owner. After successfully establishing that the work was performed properly, the owner was ordered to pay for the work.

A trench collapsed injuring a worker. The worker sued the general contractor and the trenching subcontractor. By allocating fault to those responsible for the excavation work, the general contractor was able to avoid a financial loss.

Soils Engineers

A series of claims were made by homeowners complaining of problems with the foundation of their homes. When the homeowners sued the builder, the builder sued the design team. As a result of the explanation of the roles of the various participants in construction, the builder was persuaded to dismiss its claims against the soils engineer.

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214.761.6610

Capshaw & Associates

3500 Maple Avenue, Suite 1100

Dallas, Texas 75219

Mechanical Engineers

The owner of a high-rise building alleged that the design of the mechanical systems for the building was defective. As a result of a prompt and detailed technical response to the claim, the fault of the mechanical engineer was minimized and a reasonable settlement was reached during mediation.

Product Liability

The Firm, through a joint venture with other attorneys, pursued recovery on behalf of Texas and Mississippi homeowners whose homes were built with a defective product. The Firm presented the facts to juries in several cases tried on the issue of the defective nature of the product. Success in those trials and development of the proof of defect in the product ultimately led to a mediated settlement that benefited the interests of all clients

Personal Injury

The Firm pursued a claim for an individual killed in a gas rig explosion that caused the greatest loss of life on a land-based domestic gas rig at the time. Based on the development of the evidence of why the event occurred and why it could and should have been avoided, a significant mediated settlement was achieved.

Design Professionals

Selected Case Summary (Not a guarantee of future results)

A summary dismissal of claims asserted against one of the world’s largest architectural firms was obtained in a case which established the law in Texas as regards to the application of the Statute of Repose to architects involved in disputes with municipalities. In that case, the Court ruled that the ten-year Statute of Repose barred a suit brought against the architectural firm despite the fact that the time limitation for filing suits does not normally apply to municipalities. The Court found that even though the design defect complained of in the suit was not discovered until immediately prior to the filing of suit (two years from accrual of the cause of action is the normal amount of time a Plaintiff has to sue for negligence), the fact that the project was substantially completed more than ten years before suit was filed entitled the architect to dismissal.

A demand letter was received from representatives of the estate of an individual killed when an allegedly defectively designed structure collapsed. The prompt, detailed response to that demand letter, coupled with an accurate analysis of the applicable law, convinced the claimants to seek other relief. Accordingly, the architect was saved the substantial costs of defense and lost billable time, which necessarily would have resulted had suit been filed.

An architect was accused of negligence in the design of a shopping center which gave rise to a personal injury claim by a shopper. Following a trial, the jury refused to find the existence of any negligence on the part of the architect.

Civil Engineers

The significance of a case involving the defense of a claim asserted against a civil engineer is illustrated by the fact that one of the nation’s largest insurers of design professionals chose to utilize the case as an example of its service and commitment to clients in a national advertising campaign. The case involved a claim asserted by a developer who was experiencing problems with the buckling of the floors and sidewalks of a shopping center. During the jury trial, it was shown that the civil engineer had performed its work properly and that the developer’s own negligence was the cause of the problems with the shopping center. Accordingly, the jury found no liability against the civil engineer on the fourteen claims asserted by the owner against the civil engineer.

Structural Engineers

A structural engineering firm was sued for design defects by the original owner more than ten years after substantial completion of a hotel. For the first time, the Texas Supreme Court declared that the Statute of Repose applied to the claims of the original owner, even when the claim was founded on the contract. Thus, the claims asserted against the structural engineer were dismissed.

Bankruptcy Litigation

The Firm has responded to claim objections and has made claims on behalf of clients involved in or subjected to bankruptcy proceedings.