Profile:

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.

Professional Recognition:

Affiliations:

State Bar of Texas (Young Lawyers’ Liaison Construction Law Section)
Texas Young Lawyers Association
Houston Bar Association (Past Chairman Construction Law Section)
Houston Young Lawyers Association
Associated Builders and Contractors (Chairman of Legal Issues Committee)
Associated General Contractors Young Constructors Forum

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.

Publications:

“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