Biography
Rick Reed, board certified in Construction Law by the Texas Board of Legal Specialization, focuses his practice on construction law and has significant experience drafting and negotiating all types of engineering, procurement, and construction contracts for major projects. He leverages his in-depth industry experience from his time as the assistant general counsel to a large privately owned construction firm – and his decades of practice – to help clients develop strategies for major construction projects and to manage complex construction disputes.
A Charter Fellow of the Construction Lawyers Society of America, Rick has also served as an Arbitrator on the American Arbitration Association’s Construction Arbitration Panel of Neutrals since 2009. He was a Senior Lecturer/Adjunct Professor at The University of Texas at San Antonio, College of Architecture, Construction and Planning in the initial six years of the university’s Construction Management Degree Program, during which time he helped the University obtain accreditation for the program from the American Council for Construction Education.
Through his long-time involvement with the Texas State Bar Construction Law Section, including serving as Chair of the Section (2001-2002), Rick has established relationships with many highly competent construction litigators, arbitrators, and expert witnesses across the country. He is licensed to practice law in Texas, and has been admitted to appear before the bench in all Texas State Courts, the Southern Federal District Court, the Fifth and Eleventh Federal Circuit Courts of Appeals, and the United States Supreme Court.
Representative Experience
- Represented numerous clients in all aspects of procurement and contracting for the design and construction of multiple building and infrastructure projects having a combined value of over $3 billion dollars, providing advice on alternative delivery procurement methods, requests for qualifications (RFQ’s) and requests for proposals (RFP’s); drafting and negotiation of professional service and construction contracts; project insurance requirements and related policy compliance; implementation of dispute review boards and other specialized alternative dispute resolution methods; and resolving contract administration and warranty claim issues
- Served as the Chair of the Dispute Review Board for a convention center project valued at $300 million. Resolved several disputes by rendering formal preliminary determinations that resolved the disputes without appeal to the full Board and without further litigation
- Represented owner to recover in settlement essentially all funds paid for the original architect’s and its mechanical engineer’s design errors and omissions on a major data center project, design, enabling the owner to get the project back on track without having to file suit
- Represented a high end custom home building contractor in lawsuit brought by homeowner who wrongfully terminated the contract without proper written notice and opportunity to inspect and respond to the homeowner’s alleged defect claims. The claims were successfully refuted with expert opinions finding the work acceptable and a legal analysis establishing the homeowner was exposed to liability for breaching the contract by its wrongful termination. All claims were settled without protracted litigation, and the client retained substantially all of the funds advanced for procured materials, sufficient to cover nearly all of the client’s outside legal fees, with a near zero loss result for the client
- Defended general contractor against multiple building construction defect claims, and coordinated an early mediation enabling the client to avoid major multi-million dollar liability, with virtually no out-of-pocket loss, and without a single deposition being taken. The client’s insurer also agreed to reimburse the client’s out-of-pocket legal costs to secure a pre-litigation settlement
- Represented owners of a nursing home facility in a dispute with a hurricane damage remediation contractor who refused to accept the property insurer’s and filed suit to foreclose statutory and constitutional lien claims on the property. Persuaded the insurer in an early mediation to fund a settlement sufficient to end the dispute with the contractor, get the lien claims released, and cover the client’s legal costs
- Represented a construction contractor to resolve a construction dispute arising out of an owner’s defective design specification, persuading the owner to accept a previously rejected mediation settlement offer rather than risk liability for ignoring the client’s request to modify the defective design specification
- Represented a roofing subcontractor in arbitration of a construction defect dispute, persuading arbitrators to order Owner’s expert to identify whether any claimed defects related to the subcontractor’s work scope. After no defects were found related to the client’s workmanship or materials in the roof, the arbitrators found the roof was constructed in a good and workmanlike manner, resulting in the Owner’s payment of all of the client’s unpaid subcontract balance and the arbitrator’s award of substantial damages of over $400,000 for the client’s interest, costs and attorney’s fees
- Defended general contractor as lead counsel in arbitration against an electrical subcontractor’s multi-million-dollar lien claims on a hospital project for increased costs of labor due to COVID and extended site overhead costs for delay. Presented evidence to the arbitrators resulting in an award that denied the bulk of the subcontractor’s claims and concluded the matter to the client’s satisfaction
- Defended general contractor in suit brought by owner’s property insurer over damage to the owner’s building as a result of the collapse of a bankrupt manufacturer’s defective light pole installed by a subcontractor. Established the general contractor was not a “seller” with strict liability under Texas products liability law, and could not be liable as a matter of law, settling the matter in mediation and helping client avoid all liability and costs defense
- Represented a large mechanical contractor, successfully recovering most of its contract balance for completed work on a remodeling project for a major internet servicing and data center facility, including a retrofit of the facility’s air conditioning system
- Defended a general contractor and its surety in suit by a government owner who had committed spoliation of evidence in proceeding to alter the paved surface and refusing to allow samples of paving surface to be obtained. Successfully negotiated settlement that allowed general contractor to recover nearly 90% of its unpaid contract balance from the owner
- Defended a siteworks subcontractor over site drainage damage claims on a large multi-family apartment complex project. Assisted client’s insurance defense counsel and general contractor’s attorney to present legal arguments resulting in a favorable summary judgment dismissing the drainage related claims against the general contractor and its subcontractors, leading to a favorable nominal settlement in mediation for the client and its insurer
Education
- J.D. St. Mary’s University School of Law
Memberships
- Texas Building Branch Legal Affairs Committee, Associated General Contractors (2009-2019)
- Board Certified in Construction Law, Texas Board of Legal Specialization (2016)
- Chair, State Bar of Texas, Construction Law Section, Insurance Law Section, and Alternative Dispute Resolution Section (2001-2022)
- Former Advisor to Editorial Board, Construction Law Journal, State Bar of Texas
- Construction Law Section, and Alternative Dispute Resolution Section, San Antonio Bar Association
- Charter Fellow, Construction Lawyers Society of America
- Construction Law Forum, American Bar Association
- College of the State Bar of Texas
- Life Fellow, Texas Bar Foundation
- Construction Arbitration Panel of Neutrals, American Arbitration Association
- Dispute Resolution Board Foundation
- Association of Attorney-Mediators
- Board of Directors, Associated General Contractors, San Antonio Chapter (2009-2012)
- Associated General Contractors of America, Certified BIM Instructor for AGC’s Unit 3: Building Information Modeling-Contract Negotiation & Risk Allocation
Achievements
- Chambers USA: America’s Leading Lawyers for Business – Construction (2018-Present)
- The Best Lawyers in America®, Construction Law (2010-Present)
- Super Lawyers®, Construction Litigation Law, Alternative Dispute Resolution Law, Business Litigation Law, San Antonio, TX (2012-Present)
- Best Lawyers® 2020 San Antonio, TX Construction Law, Lawyer of the Year
- San Antonio’s Top Attorneys, San Antonio Magazine (2020)
- AV Preeminent, Martindale-Hubbell
- Top-Rated Lawyer in Construction, Martindale-Hubbell
- Associated General Contractors, San Antonio Chapter Moeller Award for Outstanding Services to AGC Members (2008, 2012)
- Phi Delta Phi
Speaking Engagements
- “Issues for Consideration in Using the New A102-2017 Exhibit A Insurance Exhibits,” North American Construction Lawyers Symposium (November 2017)
- “Walking the High Wire While Juggling: Strategies to Manage Litigation Costs and Meet Client Expectations,” American Bar Association Annual Meeting (April 2010)
- “Emerging (and some Not-so-New) Dispute Resolution Techniques,” Construction Owners Association of America (February 2010)
- “My Immersion into DRB World,” 13th Annual Meeting and Conference of the Dispute Resolution Board Foundation, Houston, Texas (October 2009)
- “Joint Venturing Issues for GCs and A/Es,” 17th Annual Associated General Contractors/American Institute of Architects Building Communities Conference, South Padre, Texas (September 2009)
- “Consensus Docs: An Overview”, International Facilities Management Association, San Antonio Chapter (May 2009)
- “Termination of a Construction Contractor: How to Keep Construction Projects from Going Bad – And What to Do When They Do,” Lorman Seminar, San Antonio, Texas (January 2009)
- “Associated General Contractors /American Institute of Architects Contract Series: Comparison of Consensus Docs and AIA Forms on Key Issues, Topics included: (1) General Overview and Dispute Resolution Practices and Processes; (2) Traditional Roles & Responsibilities: Owner/Architect/Contractor/Subs; (3) Liability Risk Transfer: Consequential & Liquidated Damages, Limitations of Liability, Indemnity and Insurance; (4) Delays, Changes & Change Management; and (5) Default, Termination & Suspension,” Associated General Contractors, San Antonio Chapter (August-December 2008)
- “Following the Money: Managing the Risk of Owner Non-Payment Under the New Texas Statutory Restrictions on Contingent Payment Clauses,” 21st Annual Construction Law Conference, San Antonio, Texas (2008)
- “Consensus Docs: Good for Owners?” Construction Owners Association of America, Texas Chapter (September 2008)
- “Environmental Liability in Construction Contracts,” Houston Bar Association, Construction Law Section (November 2007)
- “The Basics of Contracts for Financial Managers,” Construction Financial Management Association (November 2007)
- “Termination of a Construction Contractor,” Associated Builders & Contractors, San Antonio Chapter (August 2007)
- “Expedited Arbitration Procedures – It Ain’t Just Plain Ole’ Arbitration Anymore,” 20th Annual Construction Law Conference, San Antonio, Texas, (2007)
- “The Short Version: Can a Lead Person Vote in a Union Election?” Associated Builders & Contractors, San Antonio Chapter (January 2007)
- “Subcontract Guidance for the Contractor: How to Be Stuck in the Middle, Without Getting Stuck,” 18th Annual Construction Law Conference, San Antonio, Texas (2005)
- “Contractor Modifications to Standard Contract Clauses,” Fourth Annual Basics in Construction Law Course, San Antonio, Texas (October 2004)
- “The Ultimate Survival Strategy: The Limitation of Liability Clause,” 13th Annual Construction Law Conference, Houston, Texas (2000)
Publications
- “A Practical Guide for Applying Rule 59 of the AAA Construction Industry Arbitrations Rules,” Dispute Resolution Journal, Volume 74, Number 3 (June 2020)
- “The Economic Loss Doctrine as an Obstacle to Claims of Contractual Strangers,” 46 St. Mary’s L.J. 321 Saint Mary’s Law Journal, (2015); republished with permission in the Construction Law Journal, State Bar of Texas, Construction Law Section, Construction Law Journal and which article was also republished in Issues in Construction and Technology, associated with the annual publication of “Forms and Agreements for Architects Engineers and Contractors”, a five-volume Construction Law Treatise, Thomson/Reuters/West, New York (October 2016)
- “Professional Liability Risk for the Contractor – Does Assisting with Design Cross the Line?” San Antonio Construction News (December 2009)
- “Indemnity Clauses – Why so much Fuss?” San Antonio Construction News (November 2009)
- “Consequential Damages – Waiving Them May be of No Consequence,” San Antonio Construction News (October 2009)
- “Consensus Docs: There’s a New Kid in Town, Associated General Contractors,” San Antonio Chapter Newsletter (2008)
- “Bypassing the Low Bidder: An Examination of Texas Bidding Laws Applicable to Local Governmental Entities,” State Bar of Texas, Construction Law Section, Construction Law Journal (September 2007)
- “Enforceability of Contingent Payment Clauses in Texas,” (Co-Chaired Associated General Contractors ‚Äì Texas Building Branch drafting committee and served as primary author of this AGC publication, which focuses primarily on the Texas statute restricting the enforceability of contingent payment clauses in subcontracts (2007)
- Co-Author, “Lien Rights of Construction Managers,” State Bar of Texas, Construction Law Section, Construction Law Journal (September 2007)
- “The ‘Arranger’ – Helping the Owner Deal with its Contaminants While Minimizing your Risk of being Contaminated with CERCLA Liability,” San Antonio Construction News (September 2006)
- “A Day Late and Two Million Dollars Short (How Intermediate Delay Leads to Major Consequences),” San Antonio Construction News (August 2006)
- “Workers’ Compensation Insurance for the Temporary Worker,” San Antonio Construction News (July 2006)
- “Limitation of Liability – The Ultimate Survival Strategy,” San Antonio Construction News (June 2006)
Press Release