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William B. "Ben" Westcott

Top Ranked in Chambers USA

William B. "Ben" Westcott

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

Ben Westcott's practice focuses on transactional and dispute resolution aspects of construction law. He has represented general contractors, subcontractors, suppliers, owners and sureties on substantial construction projects, including schools, public infrastructure, sports facilities, airports, petrochemical and industrial plants, highway projects, wastewater treatment facilities, multi-family projects, retail centers, hotels, hospitals and office buildings. His experience includes the prosecution and defense of a variety of construction-related issues before State and Federal Courts, as well as the American Arbitration Association, including matters related to mechanic's liens; performance and payment bonds; differing site conditions; breach of contract; construction defect claims; general contractors and subcontractors; delay and acceleration claims; and termination of contracts. Ben also drafts and reviews construction contract documents.

The prestigious legal directory, Chambers USA, America's Leading Lawyers for Business, again recognized Ben as a leading construction lawyer for 2010.

Representative Experience:

  • Represented contractor in connection with the recovery of completion costs on certain downtown Houston construction contracts valued over $30 million each.
  • Represented steel fabricator and erector in connection with the construction of a $270 million Houston office building.
  • Represented contractor who installs energy conservation equipment and fixtures to reduce energy consumption and increase energy efficiency at certain government and municipal facilities throughout the United States.
  • Represented contractor in connection with the recovery of completion costs, delays and impacts on a state-of-the-art fighter jet component finish facility in Fort Worth, Texas with a construction cost of over $300 million.
  • Represented contractor in connection with delay, change order and increased costs claim on major Houston downtown sports facility.
    Represented contractor in connection with delay, change order and increased costs on construction of new north Houston airport terminal.
  • Represented MEP engineer in collection of unpaid fees for design work on major demolition and expansion of south Houston airport terminal.

Areas of Practice

  • Construction
  • Litigation

Bar Admissions

  • Texas
  • U.S. District Court Southern District of Texas

Education

  • University of Houston Law Center, Houston, Texas
    • J.D. (Cum Laude) - 2000
  • Rice University
    • B.A., Managerial Studies and Political Science (Cum Laude) - 1997

Published Works

  • "Fundamentals of Construction Contracts: Change Orders vs. Construction Change Directives", Lorman Education Seminar, December, 2007
  • "Legal Aspects of Building Codes in Texas", Lorman Education Seminar, August, 2007
  • "Construction Lien Law in Texas", Lorman Education Seminar, July, 2007
  • "Price Escalation: What You Can Do To Protect Your Company", Build Houston Magazine, August, 2007
  • "AIA Proposed Contract Changes: You Get What You Ask For", Build Houston Magazine, June, 2007
  • "Change Orders in Texas", Lorman Education Seminar, February, 2006
  • "Construction Lien Law in Texas", Lorman Education Seminar, July, 2005
  • "Change Orders in Texas", Lorman Education Seminar, June, 2005
  • "Owner Controlled Insurance Programs: A Boon Or A Bust?", Construction Executive, April, 2005
  • "Change Orders vs. Construction Change Directives: The Devil is in the Details", Construction Executive, November, 2004
  • "Construction Lien and Bond Claim Law In Texas", Presentation for Davis Steel Services, November, 2004
  • "Dealing with Construction Change Directives", Associated Builders & Contractors Commercial Committee Presentation, October, 2004
  • "What To Do When.", National Business Institute: Construction Law Seminar, August , 2004
  • "Change Orders in Texas" , Lorman Education Services, June, 2004
  • "Girding for Shortages: The U.S. Steel Price Crisis", Associated Builders & Contractors, April, 2004
  • "Road Work's Difficult, But Houstonians Need to Make the Best Of It", Houston Business Journal, February, 2004
  • "Construction Lien Law in Texas", Lorman Education Services, July, 2003
  • "Texas Lien Claims: Notice & Filing Deadlines (Private Property, Non-Residential)" , Houston Chapter of the Construction Financial Management Association, June , 2002
  • "A Roadmap to Successfully Litigating a Delay Claim" , State Bar of Texas 15th Annual Construction Law Conference, February, 2002
  • "Compelling and Resisting Arbitration", State Bar of Texas 14th Annual Construction Law Conference, March, 2001
  • "Texas Mechanic's Lien and Bond Claim Law - The Construction Lien", Lorman Education Services, November, 2000
  • "Daubert and Robinson Challenges to Expert Witnesses", San Antonio Construction Law Section, June, 2000
  • "Bankruptcy Law's Affect on Your Lien Rights: Who can you "trust", Texas Merit Shop Journal, an Associated Builders and Contractor's Publication, May, 2008

Honors and Awards

  • Chambers USA, America's Leading Lawyers for Business, 2008 - 2010
  • "Texas Rising Star", Texas Monthly, 2004 - 2010

Professional Associations and Memberships

  • State Bar of Texas, Construction Law Section Council Member, 2010 - 2013
  • Texas Young Lawyers Association, Member
  • Houston Bar Association, Past Chairman Construction Law Section
  • Houston Young Lawyers Association, Member
  • Associated Builders and Contractors, Chairman of Legal Issues Committee
  • Associated General Contractors Young Constructors Forum