William B Westcott

Lawyer information

Practice Areas

Board Certified in Construction Law by the Texas Board of Legal Specialization, Ben Westcott, the firm’s Co-Managing Shareholder, has a practice that focuses on both transactional and dispute resolution aspects of construction law. He represents general contractors, subcontractors, suppliers and owners on substantial construction projects, including schools, public infrastructure, sports facilities, airports, petrochemical and industrial plants, highway projects, wastewater treatment facilities, multi-family projects, retail centers, hotels, hospitals and office buildings. His experience includes the prosecution and defense of a variety of construction-related issues before State and Federal Courts, as well as the American Arbitration Association, including matters related to payment disputes; scheduling claims; design defects; mechanic’s liens; performance and payment bonds; differing site conditions; breach of contract; construction defect claims; delay and acceleration claims; and termination of contracts. Ben also drafts and reviews contract documents.

Ben maintains an alternative dispute resolution practice mediating and arbitrating construction disputes, and is a member of the Panel of Arbitrators of the American Arbitration Association.

Professional Memberships

- State Bar of Texas Construction Law Section

- HBA Construction Law Section

- ABA Forum on the Construction Industry

- AAA Panel of Arbitrators

- ABC of Texas, Board of Directors

- University of Houston Industry Advisory Board

Experience

Represented industrial contractor against multi-million dollar delay and change order claims from plastics refinery owner

Represented general contractor in multi-million dollar delay and scope dispute relating to luxury highrise hotel and mixed-use project

Represented utility contractor in a $20 million waterline and bridge construction dispute related to work done on the Galveston Causeway

Represented millwork subcontractor in connection with third party claims for personal injuries, while navigating complex liability and coverage issues related to the renovation and expansion of the Birmingham-Shuttlesworth International Airport

Represented national highway contractor in a multi-million dollar dispute with TxDOT and the earthwork subcontractor

Defended mechanical contractor in large scale, multi-million dollage construction defect claim brought by both developer and owner/operator of statewide hospital system

Negotiated multi-party construction management and design-build agreements for Texas mixed-use development

Defended multiple contractors in large-scale litigation relating to chilled water piping systems at Reliant Stadium

Defended mechanical contractor in South Central Texas school district construction defect case

Represented general contractor, individual owners, and surety in the arbitration of a multi-million dollar breach of contract case, with bond claim and fraud claims relating to subcontractor’s work on a power plant retrofit project

Resulted in client’s successful recovery of retainage and attorney’s fees, as well as complete denial of the claimant’s alleged damages

Defended subcontractor against large-scale construction delay, construction defect and water damages claims relating to construction of 33-story hospital systems development

Represent subcontractor in defense of water damage subrogation claim by local transit authority in connection with an urban administrative building

Represent retail shopping center in claims against general contractor and subcontractors regarding construction defects and repair of same

Represented hotel management and development company in negotiations of Design/Build contract with a general contractor for a commercial building to hospitality project conversion

Successfully defended general contractor in arbitration before the AAA for subcontractor’s breach of contract claim, with recovery of termination expenses, cost of completion damages and attorney’s fees

Defended general contractor against construction defect claims by subsequent purchaser of hospitality project

Represented national restaurant and entertainment tenant in enforcement of restrictive covenant against competing category tenant in urban, mixed-use development

Represented national specialty contractor in dispute against U.S. Army Corps of Engineers through Request for Equitable Adjustment under Federal Acquisition Regulations

Represented general contractor in successful retraction of termination for default by agreement for extension of time for project completion

Successfully represented public works contractor in attempted debarment proceeding by the City of Houston

Represented underground utility contractor in connection with District of Columbia Water and Sewer Authority Project

Represented contractors in defense of multimillion dollar claims relating to local professional baseball stadium

Represented contractor in connection with the recovery of completion costs on certain downtown Houston construction contracts valued over $30 million each

Represented steel fabricator and erector in connection with the construction of a $270 million Houston office building

Represented contractor in connection with the recovery of completion costs, delays and impacts on a state-of-the-art fighter jet component finish facility in Fort Worth, Texas with a construction cost of over $300 million

Represented contractor who installs energy conservation equipment and fixtures to reduce energy consumption and increase energy efficiency at certain government and municipal facilities throughout the United States

Represented contractor in connection with delay, change order and increased costs claim on major Houston downtown sports facility

Represented contractor in connection with delay, change order and increased costs on construction of new north Houston airport terminal

Represented MEP engineer in collection of unpaid fees for design work on major demolition and expansion of south Houston airport terminal

Education