Profile:

Keith Coulter is a trial lawyer who represents companies in construction and related industries. His experience, ranging from relatively small controversies to multi-million-dollar disputes, includes over 50 trials, arbitrations and administrative hearings, and over 30 jury verdicts as “first chair” attorney involving construction contract claims, insurance coverage, personal injury , wrongful death, multi-party toxic torts, and OSHA citation defense. Drawing from his trial experience, he also assists clients with drafting and negotiating contracts and claims involving construction contracts, surety bonds, property liens, insurance coverage, risk management and employment relations. He is a trained mediator with experience mediating construction contract, construction defect and personal injury cases. He manages the firm’s Litigation and Dispute Resolution practice group.

Professional Recognition:

The Best Lawyers in America, 2007 and 2008
“Texas Super Lawyers,” Texas Monthly, 2006, 2007 and 2008
“Houston’s Top Lawyers,” H-Texas Magazine, 2005
“A-V,” Martindale-Hubbell Law Directory

Affiliations:

Fellow, Texas Bar Foundation
State Bar of Texas (Standing Committee on Administration of Rules of Evidence)
Texas Association of Defense Counsel
Defense Research Institute
College of the State Bar of Texas
Houston Bar Association (Former Member, Construction Law Section Council)
State Bar of Texas (Former Member, District 4F Grievance Committee)

Representative Experience:

• Over 30 verdicts as “first chair” trial counsel.
• Negotiated the settlement of claims for fraud and conversion regarding the multi-million-dollar lease-purchase of cranes needed for construction of an offshore oil platform.
• Obtained favorable settlements of payment of claims for HVAC contractors involving major airport and sports arena facilities.
• Defended utility contractor against a foundation subcontractor’s multi-million-dollar claim for extra costs and standby charges for the suspension of marine power line construction.
• Represented pipeline contractors and owners in disputes regarding the scope of work and damage to right-of-way.
• Obtained a favorable arbitration award for contractor’s claim that the public owner’s actions caused river flooding to delay construction of a dam.
• Negotiated settlements of injunctions that threatened to stop construction of a high-rise condominium tower and construction of a private school addition.
• Negotiated a favorable settlement for golf course construction contractor for lien on a subdivision.
• Negotiated settlements of delay claims for general contractor against architects and engineers and owners of church and school projects.
• Tried and won a statutory payment bond claim for plumbing supply contractor on public utility projects.
• Arbitrated or settled several cases involving fiber-optic cable installation.
• Negotiated the dismissal of several O.S.H.A. “multi-employer” citations.
• Tried and won the only known case in which a mediation settlement agreement was held not to be binding.
• Negotiated settlements of significant construction defect claims involving a chemical plant's piping welds, water intrusion, EIFS, HVAC performance, lime-stabilization and site geotechnical design.
• Obtained a federal court of appeals ruling dismissing a significant indemnity claim for settlement of an offshore oil production accident.
• Negotiated favorable settlements of builder’s risk claims regarding underground utility construction and building construction in cases in which insurers initially refused to accept coverage.
• Defended and settled numerous multi-party toxic tort cases involving asbestos, silica and mold.
• Obtained a jury verdict for earthwork contractor in excess of $1 million in an engineering negligence case pertaining to lime-stabilization testing.
• Obtained a favorable jury verdict, upheld by rare ruling by the court of appeals that the driver of a vehicle that rear-ends another is not automatically negligent.
• Arbitrated a multi-million-dollar contract dispute regarding security facilities at Houston Intercontinental Airport.
• Successfully defended numerous wrongful death and personal injury lawsuits regarding construction, oil field and manufacturing worksite accidents, product liability and vehicle accidents to verdict or settlement.

Publications:

“Legal Issues Facing the Construction Professional in Texas,” Lorman Education Services Seminar, March 29, 2005 (co-author)

"Insurance Coverage: Is Defense Under a " Reservation of Rights" a good thing" American Subcontractors Association - Houston Chapter Winter 2002 (co-author) 

“Legal Aspects of Construction," Construction Claims, University of Houston College of Technology, Department of Engineering, March 3, 2005

“Who’s Your Lawyer?” Tools of the Trade, Associated Builders and Contractors of Greater Houston, February 2005

“Construction and Delay Claims,” Legal Issues Seminar Series, Associated Builders and Contractors, Inc., October 26, 2004

“Getting All They Want: O.S.H.A. Citations of Multiple Employers,” Tools of the Trade, Associated Builders and Contractors of Greater Houston,  Volume 3, Issue 2, April, 2004

“Watch Out for Overly Broad O.S.H.A. Citations,” Tools of the Trade, Associated Builders and Contractors of Greater Houston,  Volume 3, Issue 1, February 2004

“Contesting O.S.H.A. Citations: What You Have To Do, How To Do It, and What Could Happen If You Don’t,” Legal Issues Seminar Series, Associated Builders and
Contractors, Inc., January 2004

“Going Outside the Contract to Win Claims for Differing Site Conditions”, Tools of the Trade, Associated Builders and Contractors of Greater Houston, November 2002, Reprinted in Houston Construction News, March 2005

“Equitable Adjustments for Differing Site Conditions,” Tools of the Trade, Associated Builders and Contractors of Greater Houston, September 2002, Reprinted in Houston Construction News, February 2005

“Contract Clauses for Changed Site Condition Claims,” Tools of the Trade, Associated Builders and Contractors of Greater Houston, August 2002, Reprinted in Houston Construction News, January 2005

“Handling O.S.H.A. Construction Site Inspections, Citations and Litigation.” Houston Bar Association, Construction Law Section, October 18, 2001

“Vehicular Liability,” Associated Builders and Contractors, November 16, 2000

“Surviving an O.S.H.A. Focused Inspection.” Texas Safety Association, March 23, 1999

“Insurance: What’s Not Covered by the Ordinary Homeowners Policy,” Northeast Harris County Bar Association, January 23, 1998

“Insurance: What’s Not Covered by the Ordinary Homeowners Policy,” South Texas College of Law, 13th Annual Real Estate Law Conference, July 26, 1997

“Bystander Update: Mental Anguish for the Physical Injuries of Another,” Houston Claims Association, Fall Seminar, August 6, 1992

“Bad Faith – The Good, The Bad and The Ugly (How to Keep Clint Eastwood Out of Your Claim Files),” Annual Claims Conference, Indiana Lumbermens Mutual Insurance Company, January 21, 1991