Profile:
Jason Walker is a litigator and trial lawyer whose practice focuses on the trial and arbitration of construction law disputes including breach of contract, mechanic's liens, bonds, collections, fraud, construction defects, contract termination, differing site conditions, bid protests, schedule compression and acceleration. He has represented owners, general contractors, subcontractors and suppliers on construction projects of all sizes. Jason's litigation experience includes jury and bench trials in state and federal courts, injunctive proceedings and adversary proceedings. He also assists clients with drafting and negotiating contracts and claims. Jason was recognized as a "Rising Star" in Texas construction law by Texas Monthly in 2006 and 2007.
Professional Recognition:
Listed as "Rising Star," Texas Monthly, 2006, 2007 and 2008 Listed in Best Lawyers in America (Contruction Law), 2008 Listed in Texas's Best Lawyers (Construction Law), 2008
Affiliations:
College of the State Bar of Texas State Bar of Texas (Construction Law and Litigation Sections) Houston Young Lawyers Association (Scout Fair Judging Committee) Associated Builders and Contractors (Legal Issues Committee) American Subcontractors Association (Attorneys Council) Houston Bar Association Litigation and Construction Law Sections Houston Bar Association Construction Law Section Executive Counsel 2007 Texas Association of Defense Counsel Texas Young Lawyers Association National Association of Credit Management (Young Credit Executives Roundtable Committee, 2006) Texas State-Wide Construction Credit Group (Vice President, 2004-2005; President, 2006)
Representative Experience:
- Represented general contractor in a suit against an owner wherein the owner arbitrarily withheld final payment to the contractor and attempted to assess over $300,000 in liquidated damages.
- Represented general contractor in a suit against a subcontractor who alleged prior material breach by the general contractor and who abandoned a school job in Port Neches, Texas.
- Defended general contractor against a temporary injunction requested by homeowner to halt all construction activities at a school renovation.
- Prosecuted claim by general contractor against a subcontractor who failed to honor its bid to the general contractor after the general contractor used the subcontractors' bid in its bid to owner.
- Represented pipeline contractor in the negotiated settlement of a dispute regarding the scope of work and damages along a fifty-mile long right-of-way through wetlands.
- Represented general contractor in an arbitration with a concrete subcontractor who simultaneously walked off three school projects claiming that the general contractor delayed the subcontractor's performance, failed to issue change orders and failed to make timely payment.
- Represented a concrete subcontractor in an arbitration with a general contractor after the subcontractor refused to complete work when the general contractor failed to make timely payment.
- Negotiated settlement for electrical and instrumentation subcontractor against an industrial plant owner relating to delay and schedule compression claims.
- Negotiated dismissal and settlement terms for underground utility and clearing contractor in a suit for injunctive relief and damages resulting from allegations of violations of the Texas Clean Air Act.
- Obtained numerous summary judgments on behalf of construction suppliers against subcontractors who failed to pay for materials purchased on credit.
- Represented owner in a dispute with a concrete supplier who attempted to assert and foreclose a $600,000 lien claim on a multi-family development.
- Negotiated settlement for specialty contractor in a dispute with a freight carrier for damages to electrical and computer equipment.
- Brought suit and foreclosed on mechanics and materialmen's lien claim by HVAC subcontractor against new medical office building. Claim settled after court entered order to foreclose lien.
- Drafted and revised numerous business credit applications, purchase orders and personal guaranty agreements for construction suppliers.
Speeches and Publications:
"Straight Talk: Bidding and Negotiating the new AIA A401-2007 Standard Form Agreement between Contractor and Subcontractor", American Subcontractors Association webinar, Houston Chapter, December 2007
"Dealing with Material Price Increases", American Subcontractors Association, Houston Chapter, September 2007
"Bond and Lien Claims", Young Credit Executives Roundtable, NACM of South Texas, March 2007
"Texas Lien and Bond Claims Seminar" American Subcontractor's Association, Houston Chapter, March 2007 "Lien Releases and Waivers: Receipt for Payment or Recipe for Trouble?" American Subcontractor's Association, Houston Chapter, Subscript, Fall 2006
"Texas Lien and Bond Claims," NACM of South Texas-San Antonio Chapter, August 2006
"Construction Lien Law in Texas," Lorman Seminar, July 2006, July 2007
"Not so Fast with that Shredder: Establishing a Document Retention and Disposal Policy," American Subcontractor's Association, Houston Chapter, Subscript, Summer 2006
"Credit Applications and the Battle of the Forms," Texas State-Wide Construction Credit Group, April 2006
"Legal Issues Facing the Credit Professional," NACM of South Texas, April 2006
"Legal Issues Facing the Construction Professional in Texas: The Most Common Pitfalls and How to Avoid Them," Lorman Seminar, March 2006
"Prompt Payment Statutes Attributable to Subcontractors' Work", American Subcontractor's Association, Houston Chapter, Subscript, Spring 2006
"Understanding and Complying with Privacy Laws," NACM of South Texas, March 2006
"Contractual Language: What Does and Doesn't Hold up in Court," NACM of South Texas, March 2006
"Collecting Judgments-Turning A Sow's Ear Into A Silk Purse," American Subcontractor's Association, Houston Chapter, Subscript, January 2006
"Texas Lien and Bond Claims," American Subcontractor's Association, Houston Chapter, November 2005 (co-author)
"Contract Time of Performance Clauses," American Subcontractor's Association, Houston Chapter, Subscript, Fall 2005
"Overcoming Bid Mistakes: Let Me Out of the Trap, and Keep your Cheese," Associated Building Contractors, Tools of the Trade, Vol. 4, Issue 3, Summer 2005
"A Primer on Mechanics' and Materialmen's Liens and Bond Claims, Part II," American Subcontractor's Association, Houston Chapter, Subscript, Summer 2005
"A Primer on Mechanics' and Materialmen's Liens and Bond Claims, Part I," American Subcontractor's Association, Houston Chapter, Subscript, Spring 2005
"Legal Issues Facing the Construction Professional in Texas: The Most Common Pitfalls and How to Avoid Them," Lorman Seminar, March 2005
"Practical Points for Filing Liens and Bond Claims," NACM of South Texas, Young Credit Executives Council, February 2005
"Overcoming Bid Mistakes," American Subcontractors Association, Houston Chapter, January 2005
"Overcoming Bid Mistakes," Houston Construction News, December 2004 (co-author)
"Change Orders: Can't We Just Agree," American Subcontractors Association, Houston Chapter, Subscript, Fall 2004
"Using the Texas Construction Trust Fund Statute as a Collection Tool" American Subcontractor's Association, Houston Chapter, Subscript, Summer 2004
"Immunity from Suit for School Districts. It's Good to be King", American Subcontractor's Association, Houston Chapter, Subscript, January 2004
"Declining Credit and Modifying Credit Terms While Wading Through the Minefield of the Equal Credit Opportunity Act," NACM of South Texas, 2004
"So You've Got A Judgment: Now What?" The Business Credit Pro, January 2004
"Post-Judgment Collection Strategies," NACM of South Texas, 2004
"How to Decline Credit and Change Credit Terms When You Learn Derogatory Information," Texas State-Wide Construction Credit Group, 2004
"Exclusive Remedy Provision of Worker's Comp Act Expanded," Associated Building Contractors, Tools of the Trade, Vol. 3, Issue 3
"Workers' Compensation Sole Remedy Provision Expands," American Subcontractors Association, Houston Chapter, Subscript, April 2004
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