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W. Jason Walker

W. Jason Walker

Shareholder
Location:
Houston, Texas
Phone:
888-566-7853
713-581-8289
Fax:
713-850-4211

Jason Walker is a litigator and trial lawyer whose practice focuses on the trial and arbitration of construction law disputes including breach of contract, mechanic's liens, bonds, collections, fraud, construction defects, contract termination, differing site conditions, bid protests, schedule compression, acceleration and jobsite personal injuries. He has represented owners, general contractors, subcontractors and suppliers, on commercial, residential and industrial construction projects of all sizes. Jason's litigation experience includes jury and bench trials in state and federal courts, injunctive proceedings and adversary proceedings. He also assists clients with drafting and negotiating contracts and claims. Jason was recognized as a "Rising Star" in Texas construction law by Texas Monthly in 2006 and 2007.

Representative Experience:

  • Represented owner in a suit by contractors in claims related to Hurricane Ike resulting from the insurance carrier's failure to pay the claim.
  • Represented general contractor in a suit against an owner wherein the owner arbitrarily withheld final payment to the contractor and attempted to assess over $300,000 in liquidated damages.
  • Represented general contractor in a suit against a subcontractor who alleged prior material breach by the general contractor and who abandoned a school job in Port Neches, Texas.
  • Defended general contractor against a temporary injunction requested by homeowner to halt all construction activities at a school renovation.
  • Prosecuted claim by general contractor against a subcontractor who failed to honor its bid to the general contractor after the general contractor used the subcontractors' bid in its bid to owner.
  • Represented pipeline contractor in the negotiated settlement of a dispute regarding the scope of work and damages along a fifty-mile long right-of-way through wetlands.
  • Represented general contractor in an arbitration with a concrete subcontractor who simultaneously walked off three school projects claiming that the general contractor delayed the subcontractor's performance, failed to issue change orders and failed to make timely payment.
  • Represented a concrete subcontractor in an arbitration with a general contractor after the subcontractor refused to complete work when the general contractor failed to make timely payment.
  • Negotiated settlement for electrical and instrumentation subcontractor against an industrial plant owner relating to delay and schedule compression claims.
  • Negotiated dismissal and settlement terms for underground utility and clearing contractor in a suit for injunctive relief and damages resulting from allegations of violations of the Texas Clean Air Act.
    Obtained numerous summary judgments on behalf of construction suppliers against subcontractors who failed to pay for materials purchased on credit.
  • Represented owner in a dispute with a concrete supplier who attempted to assert and foreclose a $600,000 lien claim on a multi-family development.
  • Negotiated settlement for specialty contractor in a dispute with a freight carrier for damages to electrical and computer equipment.
    Brought suit and foreclosed on mechanics and materialmen's lien claim by HVAC subcontractor against new medical office building. Claim settled after court entered order to foreclose lien.
  • Drafted and revised numerous business credit applications, purchase orders and personal guaranty agreements for construction suppliers.

Areas of Practice

  • Civil Trials
  • Arbitrations and Mediation
  • Commercial Litigation
  • Construction Contracts
  • Insurance Coverage and Personal Injury Claims

Bar Admissions

  • Texas, 1997
  • U.S. District Court Southern District of Texas
  • U.S. District Court Eastern District of Texas

Education

  • Baylor University School of Law, Waco, Texas
    • J.D. - 1997
    • Honors: Order of the Barristers
  • Lamar University, Beaumont, Texas
    • B.S.
    • Honors: With Honors

Published Works

  • "Overcoming Bid Mistakes: Let Me Out of the Trap, and Keep your Cheese", Associated Building Contractors, Tools of the Trade, Vol. 4, Issue 3, Summer, 2005
  • "Overcoming Bid Mistakes", (Co-Author), Houston Construction News, December, 2004
  • "Exclusive Remedy Provision of Worker's Comp Act Expanded", Associated Building Contractors, Tools of the Trade, Vol. 3, Issue 3
  • "Not so Fast with that Shredder: Establishing a Document Retention and Disposal Policy", American Subcontractor's Association, 2006
  • "Texas Lien and Bond Claims" (Co-Author), American Subcontractor's Association, Houston Chapter, 2005
  • "A Primer on Mechanics' and Materialmen's Liens and Bond Claims, Part I", American Subcontractor's Association, Houston Chapter, 2005
  • "A Primer on Mechanics' and Materialmen's Liens and Bond Claims, Part II", American Subcontractor's Association, Houston Chapter, 2005
  • "Change Orders: Can't We Just Agree", American Subcontractor's Association, Houston Chapter, 2004
  • "Using the Texas Construction Trust Fund Statute as a Collection Tool", American Subcontractor's Association, Houston Chapter, 2004
  • "Immunity from Suit for School Distrcts: It's Good to be King", American Subcontractor's Association, Houston Chapter, 2004
  • "So You've Got A Judgment: Now What?", The Business Credit Pro, 2004
  • "Worker's Compensation Sole Remedy Provision Expands", American Subcontractor's Association, Houston Chapter, 2004

Classes/Seminars

  • "Straight Talk: Bidding and Negotiating the new AIA A401-2007 Standard Form Agreement between Contractor and Subcontractor", American Subcontractors Association webinar, Houston Chapter, 2007
  • "Dealing with Material Price Increases", American Subcontractors Association, Houston Chapter, 2007
  • "Bond and Lien Claims", Young Credit Executives Roundtable, NACM of South Texas, 2007
  • "Texas Lien and Bond Claims Seminar", American Subcontractor's Association, Houston Chapter, 2007
  • "Lien Releases and Waivers: Receipt for Payment or Recipe for Trouble?", American Subcontractor's Association, Houston Chapter, 2006
  • "Construction Lien Law in Texas", Lorman Seminar, 2006 - 2007
  • "Texas Lien and Bond Claims", NACM of South Texas-San Antonio Chapter, 2006
  • "Credit Applications and the Battle of the Forms", Texas State-Wide Construction Credit Group, 2006
  • "Legal Issues Facing the Credit Professional", NACM of South Texas, 2006
  • "Legal Issues Facing the Construction Professional in Texas: The Most Common Pitfalls and How to Avoid Them", Lorman Seminar, 2006
  • "Prompt Payment Statutes Attributable to Subcontractors' Work", American Subcontractor's Association, Houston Chapter, 2006
  • "Understanding and Complying with Privacy Laws", NACM of South Texas, 2006
  • "Contractual Language: What Does and Doesn't Hold up in Court", NACM of South Texas, 2006
  • "Collecting Judgments-Turning A Sow's Ear Into A Silk Purse", American Subcontractor's Association, Houston Chapter, 2006
  • "Contract Time of Performance Clauses", American Subcontractor's Association, Houston Chapter, 2005
  • "Legal Issues Facing the Construction Professional in Texas: The Most Common Pitfalls and How to Avoid Them", Lorman Seminar, 2005
  • "Practical Points for Filing Liens and Bond Claims", NACM of South Texas, Young Credit Executives Council, 2005
  • "Overcoming Bid Mistakes", American Subcontractors Association, Houston Chapter, 2005
  • "Declining Credit and Modifying Credit Terms While Wading Through the Minefield of the Equal Credit Opportunity Act", NACM of South Texas, 2004
  • "Post-Judgment Collection Strategies", NACM of South Texas, 2004
  • "How to Decline Credit and Change Credit Terms When You Learn Derogatory Information", Texas State-Wide Construction Credit Group, 2004
  • Hands-On Credit: Designing and Understanding Credit Agreements, Purchase Orders and Invoices and Avoiding the Battle of the Forms, NACM of SouthTexas, 2010
  • Texas Lien and Bond Claims Seminar, American Subcontractors Association, Houston Chapter, 2010
  • Contract Language: Analyzing and Managing Contract Risks, Roofing Contractors Association of Texas 34th Annual Conference and Trade Show, 2009
  • Liens, Foreclosures and Removables: How to Protect Your Business and Avoid the Top 10 Lien Mistakes, NACM of SouthTexas, 2009
  • Understanding and Analyzing Contractual Terms in Credit Applications and Purchase Orders, NACM of SouthTexas, 2009
  • Legal Issues Facing the Construction Professional in Texas: The Most Common Pitfalls and How to Avoid Them", Lorman Seminar, 2009
  • Panelist, Contract Language, American Subcontractors Association, Houston Chapter, 2009
  • Managing Contract Risks, American Subcontractors Association, Houston Chapter, 2009
  • Construction Lien Law in Texas, Houston Gulf Coast Alarm Association, 2008
  • Common Legal Mistakes Contractors Make and How to Avoid Them, American Subcontractors Association, Houston Chapter, 2008
  • Contract Language: Analyzing and Managing Contract Risks, Roofing Contractors Association of Texas 33rd Annual Conference and Trade Show, 2008
  • Texas Lien and Bond Claims Seminar (Co-Authur), American Subcontractors Association, Houston Chapter, 2008
  • Panelist, Contract Language, American Subcontractors Association, Houston Chapter, 2008
  • Contractual Liability for Various Business Organizations, NACM of South Texas, 2008
  • Bid Mistakes and Material Price Increases, Roofing Contractors Association of Texas, 2008

Honors and Awards

  • Listed as "Rising Star," Texas Monthly, 2006 - 2010
  • Listed in Best Lawyers in America (Construction Law), 2008 - 2010
  • Listed in Texas's Best Lawyers (Construction Law), 2008 - 2010

Professional Associations and Memberships

  • College of the State Bar of Texas, Member
  • State Bar of Texas, Construction Law and Litigation Sections
  • Houston Young Lawyers Association, Scout Fair Judging Committee
  • Associated Builders and Contractors , Legal Issues Committee
  • American Subcontractors Association, Attorneys Council
  • Houston Bar Association, Litigation and Construction Law Sections
  • Houston Bar Association, Construction Law Section, Executive Counsel, 2007
  • Texas Association of Defense Counsel
  • Texas Young Lawyers Association
  • National Association of Credit Management, Young Credit Executives Roundtable Committee, 2006
  • Texas State-Wide Construction Credit Group, Vice President, 2004 - 2005
  • Texas State-Wide Construction Credit Group, President, 2006