Seth A. Russell

Practice Areas

Complex Construction and Engineering Matters

Litigation

Project Transactional and Counseling Matters

Alternative Dispute Resolution

Energy

Career

Seth represents industrial and commercial participants in the building, energy and public infrastructure industries in complex litigation, arbitration, transactional and claims counseling matters. His litigation, arbitration, and counseling experience includes advising clients in connection with breach of contract claims (including delay, disruption, hindrance, liquidated damages and loss of productivity/efficiency claims) and warranty and defect claims, certificates of merit, indemnity, insurance, suretyship, standard of care, tort, mechanic’s and materialmen’s liens, and performance and payment bond claims. His transactional experience includes preparing and negotiating construction contracts (including EPC, design-build, AIA, and public works contracts) and professional services agreements (including engineering and architect agreements).

Prior to joining the firm, Seth spent a decade of his legal career with Vinson & Elkins LLP. Prior to that he was a design engineer in the environmental division of Black & Veatch.

Professional Memberships

- Construction Law Section, Houston Bar Association, Former Chair

- Construction Law Section, Houston Bar Association, Former Secretary-Treasurer

- Construction Law Section, Houston Bar Association, Former Advisory Council

- Construction Law Section, Houston Bar Association

- Construction Law Section, State Bar of Texas

- Associated Builders and Contractors

- The Associated General Contractors of America

Publications

“Industry, Policy and Legal Implications of Infrastructure Corrosion: A Panel Discussion,” American Bar Association, Forum on the Construction Industry, Midwinter Meeting (Moderator), February 2012

“An Examination of Texas Civil Practice & Remedies Section 150.002 ‘Certificate of Merit’ Statute and Associated Caselaw,” Construction Law Journal (Co-Author), Summer 2011

“An Overview of Texas Certificate of Merit Law,” State Bar of Texas, Construction Law Seminar, San Antonio, TX, February 2011

“An Examination of Texas Civil Practice & Remedies Section 150.002 ‘Certificate of Merit’ Statute and Associated Caselaw,” Construction Law Section of the Houston Bar Association

Expert in these Jurisdictions

State Bar of Texas

U.S. District Court, Southern District of Texas

U.S. Patent and Trademark Office

Experience

Representing governmental entity in defense against differing site conditions claim asserted by dredging contractor

Representing applicator of industrial coatings in connection with property damage suffered during construction of liquefied natural gas project

Represented apartment complex building contractor in prosecution of breach of contract/non-payment claims and defense of construction defect/property damage claims arising out of two apartment complex projects. Consolidated arbitration proceedings into single case during pendency of multiple state court litigation proceedings.

Represented private equity project developer in lease negotiation for oil and gas terminal complex project with major port authority located on U.S. Gulf Coast.

Represented owner in arbitration arising out of construction of multi-hundred million dollar industrial gas facility, involving claims of cost overruns, delay, disruption, acceleration, loss of efficiency and loss of productivity. Final evidentiary hearing spanned 19 days, conducted before panel of 3 AAA complex construction case arbitrators and was tried to award.

Represented a prominent Houston-based commercial building contractor in the negotiation of a multi-hundred million dollar construction contract, funded through synthetic lease financing, for the construction of the new headquarter campus for a major downstream and refining oil and gas company.

Co-led prosecution of EPC subcontractor delay and breach of warranty claims in arbitration against construction contractor arising out of gas processing project and defense against contractor counterclaims of loss of efficiency/productivity and disruption

Co-led representation of developer and owner of wind power generation project regarding equipment supply, operation and maintenance issues

Co-led defense of building contractor-project manager against governmental owner asserting breach of contract and negligence claims in multi-party, complex litigation arising out of convention center project

Co-led prosecution of loss of efficiency/productivity and disruption and delay claims of EPC contractor in arbitration against refinery owner, settling case favorably to contractor-client shortly after formal commencement of proceedings

Represented power developer in connection with EPC contract preparation for transmission line project

Represented Fortune 500 company in connection with design-build form contract preparation for large and complex projects

Tried jury trial to verdict representing air conditioning repair service contractor against homeowner asserting breach of contract and mental anguish damages, settling case favorably to client upon appeal

Tried arbitration to award representing owner of family entertainment complex prosecuting breach of contract claims against contractor asserting wrongful termination and other breach of contract claims

Tried bench trial to judgment pending judicially officiated settlement representing air conditioning repair service contractor against homeowner asserting breach of implied warranty claims

Assisted in representation of governmental owner of container terminal complex and wharf facility against large general contractor asserting breach of contract claims, including interference with contractor means and methods, owner caused delay and hindrance, and wrongful withholding of liquidated damages

Assisted in representation of Fortune 500, top ENR EPC contractor in complex, multi-party litigation against super-major energy company and foreign fabricator of refinery equipment in electronic and paper document-intensive case involving highly technical issues of quality control/quality assurance and warranties, as well as liquidated damages and indemnity

Assisted in representation of governmental owner of administration building in complex multi-party construction defect and breach of contract and warranty case involving general, completion and remediation contractors, subcontractors, suppliers, sureties, and insurance carriers

Assisted in representation of petrochemical process product supplier in technically complex breach of contract and warranty case against motor gasoline additive plant owner

Assisted in representation of non-profit owner of state of the art performing arts center against general contractor in breach of contract case involving construction defect, delay, and liquidated damages claims

Assisted in representation of private owner of natural gas pipeline facility following explosion and alleged injury to construction worker on public works waterline project

Represented material supplier in complex multi-party construction and design defect case involving breach of contract and warranty claims arising out of public school auditorium project

Education

Awards