Profile:
Tom Myers’ practice is focused on construction-related transactions, claims and insurance, risk management, surety workouts, litigation and arbitrations. For over 20 years, he has represented public and private owners, contractors, subcontractors, vendors, manufacturers and sureties on a wide range of construction projects, including commercial office, high-rise residential, multi-family, educational, retail, religious and governmental facilities as well as power plants and industrial process plants. Tom has significant experience representing clients in drafting and negotiating complex construction contracts and purchase orders, forming joint ventures and limited liability companies, prosecuting and defending insurance claims for builder’s risk losses and defective construction, mechanic’s lien claims, surety bond workouts, mold-related claims, and claims for changed conditions, extra work, schedule delays and impact damages.
Tom is a member of the American Arbitration Association National Panel of Construction and Commercial Arbitrators. He also serves as a construction mediator. He is a past chair of the Houston Bar Construction Law Section and a frequent speaker on construction law issues to local bar and industry groups.
Professional Recognition:
Chambers USA, America's Leading Lawyers for Business, 2008
Affiliations:
Arbitrator, American Arbitration Association Panel of Construction and Commercial Arbitrators
American Bar Association (Forum Committee on the Construction Industry)
Fellow, Texas Bar Foundation
Houston Bar Association (Former chair, Construction Law Section)
Associated General Contractors
Associated Builders and Contractors
Construction Financial Management Association
Representative Experience:
- Counsel for west coast general contractor in connection with presenting and resolving complex delay and impact claims by the general contractor and trade subcontractors relating to a high-rise hotel project that experienced differential settlement during construction due to inadequate foundation design.
- Representation of local governmental entities in the prosecution and resolution of performance bond claims related to infrastructure projects.
- Counsel for international manufacturer in connection with the negotiation of supply agreements and strategic alliance agreements for turbine generators and other power-related equipment, both domestically and abroad.
- Lead counsel for national general contractor in multi-party construction defects/mold litigation asserted by the public owner and over 2,500 individual plaintiffs, including related insurance coverage litigation.
- Counsel for general contractor in connection with the negotiation of design/build and related construction contracts for a new corporate headquarters facility financed under a synthetic lease.
- Drafted and negotiated agreements on behalf of real estate developer with design professionals and a general contractor for a multiple-phase high-rise condominium project.
- Counsel for general contractor regarding the investigation and settlement of the owner’s claims of defective construction of an exterior building envelope that resulted in extensive moisture infiltration and property damage, and subsequent prosecution of claims against responsible subcontractors and their insurance carriers.
- Representation of commercial real estate developer in connection with a general contractor’s delay and impact claims arising from the conversion of a former commercial office building to condominiums.
- Assisted commercial general contractor with the establishment of a rolling Contractor Controlled Insurance Program to improve jobsite safety performance and control insurance costs.
- Formation of limited liability company and structuring of specific project agreements for the pursuit of large commercial projects in multi-state region.
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