Timothy Ross

Practice Areas

Construction Law

Litigation

Arbitration

Mediation

Professional Memberships

State Bar of Texas, Construction Law Section (Young Lawyers Committee Liaison, 2013-2015; Basic Course in Construction Law Coordinator, 2014-2015; Governing Council Member, 2016-2019)

Houston Bar Association, Construction Law Section (Chair, 2013-2014; Chair-Elect, 2012-2013; Governing Council Member, 2010-2014)

The Associated General Contractors of America, Houston Chapter (BIM Unit 3 Instructor; Government Affairs Committee Member; Clay Shoot Committee Member)

Texas A&M University Construction Industry Advisory Council (Executive Committee/Development Committee Chair, 2018-Present)

Houston Contractors Association (Clay Shoot Committee Member)

Associated Builders and Contractors Greater Houston

Career

Board Certified in Construction Law by the Texas Board of Legal Specialization, Tim Ross has spent the last 16 years forging a practice focused on all aspects of construction law. He works with clients in all phases of the construction process including contract drafting and negotiation, dispute avoidance during construction, field management and administration, project close-out and dispute resolution. Tim has extensive experience litigating construction disputes, obtaining numerous favorable jury verdicts and arbitration awards. He has also handled multiple construction appeals.

Tim serves as the outside general counsel for numerous contractors, assisting them in managing their risk profile and handling all types of issues and disputes, including claims involving construction and design defects, delays and acceleration, non-payment, lien and bond claims, sovereign immunity, and contract termination. Tim also has extensive experience drafting and negotiating all types of project agreements including design, construction management, design-build, EPC, development, subcontract, purchase order and various other agreements for commercial, industrial, multi-family, civil and EPC projects.

Tim’s legal acumen is complemented by field experience with a large commercial general contractor, where he managed numerous projects as a construction project engineer prior to attending law school. This distinctive combination allows him insight into the nuts and bolts of issues that arise before, during and after a project, and the intrinsic capability to support the project community – including general contractors, subcontractors, owners, developers and sureties – in all aspects of construction.

Publications

"What Goes Up Must Come Down, But What if it Doesn't? (Supply Chain)", State Bar of Texas Construction Law Section Conference, (3/3/23)

“Governor Abbott Announces Plans for Restarting Texas Economy,” AM Law Alert, April 2020

“Who Pays for the Owner’s Non-Payment” AM Monthly Law Alert, January 2020

“The Revised AIA Prime Contract,” AGC Cornerstone Magazine, January 2018

“There’s No Crying in Baseball, or is There: Fairness Exceptions in Construction Contracts,” State Bar of Texas Construction Law Section Conference, (3/6/15)

“The Enforceability of Provisions Requiring Arbitrations in Other States,” Build Houston (February/March 2013)

“Summary of Legislation Affecting the Texas Construction Industry Passed by the 82nd Texas Legislature,” Texas Legislative Wrap Up Seminar, The Houston Contractors Association Education Committee (08/18/11)

“Construction Lien Law,” Lorman Seminars (01/13/12, 03/10/11, 03/03/10, 7/28/09, and 07/11/08)

“The AIA A201 General Conditions – 2007 Edition,” American Society of Professional Estimators, Houston Chapter (06/14/10)

“AIA Contracts,” Lorman Seminar (03/21/13; 05/04/10)

“Managing Construction Projects in Texas” (07/01/08)

“Change Orders in Texas,” Lorman Seminar (06/19/08; 4/15/14)

“The Condominium Craze: Managing the Players, the Project, and the Potential Liability,” The University of Texas School of Law, Construction Law Conference (10/11/07)

“The New Contingent Payment Clause Statute: Does it Really Help Anyone?” Build Houston (08/01/07 (Part 1) and 11/01/07 (Part 2))

“Ancillary Arbitration Issues in Construction Disputes,” Construction Law Journal (06/01/2005)

“Not Just for Doctors Anymore: H.B. 4 Requirement Shields Design Professionals From Liability,” Texas Lawyer (03/14/2005)

Expert in these Jurisdictions

State Bar of Texas

All state courts in Texas and U.S. District Courts for the Southern, Western and Eastern Districts of Texas

Experience

Represented an industrial contractor against a chemical company and obtained a favorable jury verdict for the payment of millions of dollars for work performed

Represented a multi-family general contractor against an owner and various subcontractors and obtained a favorable arbitration award for millions of dollars for work performed and defeating alleged delay claims

Defended an offshore marine fabrication, construction and repair contractor in arbitration against various contract and fraud claims with alleged damages exceeding fifty million dollars relating to refurbishment and repair work on an offshore drilling rig

Represented a general contractor against a hotel owner for wrongful termination

Represented a commercial general contractor against a school district and obtained a favorable jury verdict for the payment of hundreds of thousands of dollars in change orders

Represented an industrial general contractor against an owner to recover damages caused by the owners wrongful termination from the construction of a chemical plant control room

Represented a general contractor in the negotiation of a construction contract for a new 28-story, 361-unit apartment tower in downtown Houston

Represented a developer in the preparation and negotiation of design and construction contracts for the development of a twenty-three story office tower

Represented a commercial general contractor to remove and resolve numerous lien claims and recover from multiple defaulting subcontractors

Represented of a condominium owners association against the general contractor and architect relating to construction and design defects at a high-rise condominium tower

Represented a boiler manufacturer and installer against a power plant owner and its officers to collect damages relating to an owner’s non-payment

Represented a developer in terminating a defaulting contractor and obtained a restraining order and injunction to stop the contractor from defaming the developer and its officers

Defended a design-builder against claims by an owner relating to property damage arising out of the differential foundation movement at a large retail store development

Represented the owner of an industrial chemical storage warehouse against the design-builder to recover damages resulting from differential foundation movement at the warehouse

Represented a gas handling facility owner in a wrongful termination/delay dispute

Defended a geotechnical engineer in a multi-party, multi-million dollar design/construction defect dispute

Represented a general contractor against subcontractors and suppliers to recover the costs to repair the failed slopes of a detention pond

Defended a mechanical and plumbing subcontractor in a multi-party, multi-million dollar construction defect dispute

Represented a glazing subcontractor to collect unpaid contract sums and defend against water intrusion claims relating to the replacement of spandrel glass at a high-rise office tower

Representation of a general contractor against a hotel owner for wrongful termination

Education

Awards