R. Carson Fisk

Practice Areas

Construction Litigation

Mediation

Arbitration

Professional Memberships

Austin Bar Association, Construction Law Section (Member, 2004-present; Council member, 2012-2014)

Austin Bar Association, ADR Section (Member, 2011-present; Secretary, 2015-2016; Chair 2016-2017)

State Bar of Texas Construction Law Section (Member, 2004-present)

State Bar of Texas ADR Section (Member, 2011-present)

American Bar Association, Forum on the Construction Industry (Member, 2004-present; Chair of the Construction Forum Young Lawyers Section, 2009-2012; Division 8 Steering Committee, 2013-2016)

College of the State Bar of Texas (Member, 2006-present)

American Arbitration Association Roster of Neutrals (2014-present)

Texas Mediator Credentialing Association (Credentialed Mediator, 2014-present)

Dispute Resolution Board Foundation (Member, 2016-present)

The Associated General Contractors of America, Austin Chapter

Associated Builders and Contractors, Central Texas Chapter

Career

Board Certified in Construction Law by the Texas Board of Legal Specialization, Carson Fisk represents construction industry participants in both contentious and non-contentious matters, including complex construction litigation and claims, contract drafting and negotiation, and best practices and claims counseling matters. He also actively represents general contractors, developers/owners, architects, engineers, subcontractors, suppliers and sureties. He has experience with construction disputes involving construction and design defects, delay and acceleration claims, payment claims, mechanics liens and bond claims, termination claims, administrative actions, and surety claims on a variety of differing projects, although he is adept in assisting parties in resolving their disputes prior to trial/final hearing. He has also drafted and negotiated a variety of construction contracts, including prime contracts, design contracts, EPC agreements, lender agreements, subcontracts, and purchase contracts, in both the private and public sectors. Additionally, he maintains an active alternative dispute resolution practice mediating and arbitrating construction disputes, and is a credentialed mediator with the Texas Mediator Credentialing Association, a member of the Panel of Mediators of the American Arbitration Association, a member of the National Panel of Construction Arbitrators of the American Arbitration Association, and a Fellow of the Chartered Institute of Arbitrators. Carson has been recognized as a leading construction lawyer in the state by the prestigious legal directory, Chambers USA, America’s Leading Lawyers for Business since 2019.

He is active in the community, serving as the current chair of the City of Austin Construction Advisory Committee, a committee on which he has served since 2012. He has been involved in Preservation Austin, an architectural preservation organization that seeks to protect the architectural and cultural heritage of the greater Austin community.

Carson is the managing director of the firm’s Central Texas office location in Austin.

Publications

“Ongoing Arbitration in COVID-19,” AM Monthly Law Alert, August 2021

“Ongoing Caution for Future Design-Build Work: No Legislative Relief,” AM Monthly Law Alert, June 2021

“Creative Approaches to Dispute Resolution,” AM Monthly Law Alert, April 2021

“Reflections on Poor Draftsmanship: The Story of Austin’s Failings in the Era of COVID-19,” AM Monthly Law Alert, December 2020

“THE Construction Contracts Book: Annotated Analysis and Comparison of the AIA ConsensusDocs, and EJCDC Contract Forms, Third Edition,” Editor, May 2020

“The Benefits of Arbitration in the Era of COVID-19,” AM Law Alert, May 2020

“Austin and Travis County Issue Updated “Stay Home – Work Safe” Orders,” AM Law Alert, April 2020

“City of Austin Offers Supplemental Guidance on GA 14,” AM Law Alert, April 2020

“Your Questions Answered,” AM Law Alert, April 2020

“City of Austin and Travis County Release Additional Guidance on Construction,” AM Law Alert, March 2020

“Guidance Offered by The City of Austin Related to “Stay Home – Work Safe” Order Causes Confusion,” AM Law Alert, March 2020

“Houston & Austin Issued Stay Home, Work Safe Orders effective at Midnight Tonight [Update],” AM Law Alert, March 2020

“Houston & Austin Issued Stay Home, Work Safe Orders effective at Midnight Tonight,” AM Law Alert, March 2020

ConsensusDocs: A Worthwhile Option for Standard Construction Contracts in Texas, The Construction Law Journal, 2019

“A Cautionary Tale for Future Design-Build Work,” AM Monthly Law Alert, July 2019

Waiver and Notice-Related Traps for the Unwary, Construction News, 2019

Avoid the Sunk-Cost Trap in Disputes: Make Mediation Effective, Construction News, 2019

Rethinking the Recovery of Attorney’s Fees as a Means to Save Costs, Construction News, 2019

The Availability of Views and the Potential for Greater Use in Construction Cases, The Construction Law Journal, 2018

Making the Most of Early Mediation, Construction News, April 2017

Expedited Permitting Arrives in Austin, AM Monthly Law Alert, March 2017

Expedited Permitting in Austin, AM Monthly Law Alert, September 2016

Understanding the TxDOT Sanction Process, AM Monthly Law Alert, June 2016

Tricks & Traps to Avoid with Factoring Companies, Modern Contractor Solutions Magazine, 2014

How to Save Money in a Construction Lawsuit, Modern Contractor Solutions Magazine (Co-Author), 2014

How to Avoid a Construction Lawsuit – Practical Tips for General Contractors, Co-Author, Modern Contractor Solutions Magazine (Co-Author), 2013

Increased Use of Bifurcation in Construction Cases Involving Derivative Claims, The Construction Lawyer: Journal of the American Bar Association Forum on the Construction Industry, Vol. 33, No. 4, 2013

Be Informed and Active on Local Issues, Construction News, 2013

Enforceability of Forum Selection and Choice of Law Clauses in Litigation and Arbitration, Construction News, 2013

Requesting Information from Upstream Parties related to Lien and Bond Claims, Construction News, 2013

The Demise of the Civil Claim for Misapplication of Trust Funds, The Construction Law Journal, Vol. 10, No. 1, 2012

Mediation as a Tool for Successful Dispute Resolution, Construction News, 2011

Choosing a Forum for Dispute Resolution, Construction News, 2011

Time to Update Your Contracts, Construction News, 2011

Protecting Public Project Bid Documents from Disclosure, Texas Construction, 2010

Carefully Consider a Surety’s Indemnity Agreement, Texas Construction, 2010

Recordkeeping Procedures Can Help Protect Privileged Documents, Texas Construction, 2010

Expert in these Jurisdictions

Texas

Oklahoma

U.S. District Court, Northern, Southern, Eastern and Western Districts of Texas

U.S. District Court, District of Colorado

U.S. Court of Appeals, Fifth Circuit

U.S. Court of Appeals, Tenth Circuit

U.S. Supreme Court

Experience

Defended an out-of-state contractor in a lawsuit brought by an owner asserting claims of defective/deficient work seeking approximately $100M in damages related to civil infrastructure work at an international airport, with the claim favorably settling at mediation

Prosecuted owner’s claims for defective/deficient work concerning the construction of bank buildings

Defended a Texas-based general contractor against a subcontractor concerning the construction of a multi-family property and prosecuted the contractor’s claim for delay and defective/deficient work claim, with the claim favorably settling following a mediation

Defended a Texas-based general contractor against a defective/deficient work claim concerning the construction of a competition pool, with the claim favorable settling following a multi-party mediation

Defended a Texas-based general contractor against a delay and defective/deficient work claim concerning the construction of a mixed use property and prosecuted the contractor’s claim for unpaid work, interest, attorneys’ fees and cost, with the claim favorably settling following a multi-party mediation

Defended an Austin-based general contractor against a delay claim concerning the construction of a restaurant and prevailed on the contractor’s claim for unpaid work, interest, attorneys’ fees and costs

Defended an out-of-state contractor in a lawsuit filed in Texas seeking a declaration of contract rights stemming from the construction of a chemical processing plant and prosecuted a claim for significant delay damages, with the claim favorably settling following negotiations

Defended an out-of-state contractor in a lawsuit concerning the alleged failure to complete a project and prosecuted a claim for wrongful termination, with the claim favorably settling at mediation

Defended a developer in a multi-party lawsuit concerning allegations of construction defects and misrepresentations, including the prosecution of third-party claims against various parties, with the claim favorably settling in various phases through negotiations

Defended a Texas-based structural steel subcontractor in an arbitration in which the contractor sought in excess of $1,000,000 for alleged delay damages, with the claim favorably settling in mediation

Assisted civil contractor in resolving suspension, delay, and deficient work claim with improvement district following removal of project engineer

Assisted contractor in securing the effective removal of numerous defamatory statements posted online and resolving the underlying dispute

Drafted design-build contract documents for Texas-based university for the construction of a new residence hall

Drafted design and construction contract package for a developer concerning the development of a hotel in Hawaii

Drafted geotechnical, architectural, and construction contract package for a public entity concerning the design and construction of a new headquarters facility

Reviewed, revised, and negotiated numerous prime contracts and subcontracts for Texas-based athletic surfaces contractor

Through the administrative process, assisted a contractor in securing the removal of indirect suspension and debarment sanctions issued by the Texas Department of Transportation

Through the administrative process, assisted an engineer in securing the removal of sanctions issued by the Texas Board of Professional Engineers

Successfully mediated numerous construction related disputes addressing issues such as construction defects, payment disputes, termination claims, and lien issues

Has provided general counsel advice and guidance to numerous construction companies

Has served as sole arbitrator or on arbitral panel in numerous construction disputes and authored standard and reasoned awards

Education

Awards