Construction Attorney in Austin - R. Carson Fisk
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.
- Construction Law
- Litigation
- Mediation and Arbitration
- Energy
- 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
- 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
- The University of Texas School of Law, Austin, Texas
- Texas Tech University, Lubbock, Texas
- B.A. (cum laude in honors studies) – 2001
Board Certified in Construction Law, Texas Board of Legal Specialization
- Board Certified in Construction Law, Texas Board of Legal Specialization
- Fellow, Chartered Institute of Arbitrators
- AV© Preeminent™ Peer Review Rating, Martindale-Hubbell
- Best Lawyers® 2025 Construction Law “Lawyer of the Year” in Austin
- Top 100 Texas Super Lawyers, Texas Super Lawyers® by Thomson Reuters; 2021-2022, 2024
- Top 50 Central/West Texas Lawyers, Texas Super Lawyers® by Thomson Reuters; 2019 – 2024
- Ranked in Chambers USA, America’s Leading Lawyers for Business, since 2019
- “2018 Lawyer of the Year,” (Construction Law), in 2018 Edition of Austin & San Antonio Best Lawyers, by Woodward/White Inc.
- Listed in The Best Lawyers in America® for Litigation-Construction, since 2016
- “Texas Super Lawyer,” as presented by Super Lawyers, a Thomson Reuters Business in Texas Monthly, Since 2015
- “Texas Rising Star,” as presented by Super Lawyers, a Thomson Reuters Business in Texas Monthly, 2007-2008, 2013-2015
- Finalist, American Bar Association National Outstanding Young Lawyer Award, 2012
- Fellow, Texas Bar Foundation, 2012-present
- Tom Garner Award Recipient, Texas Board of Legal Specialization
- 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
- “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
- Defending Against a Misapplication of Trust Funds Claim, Texas Construction, 2009
- Options Limited for Bid Protests on State Building and Facility Projects, Texas Construction, 2009
- Asserting Claims Against Design Professionals on Behalf of the Contractor, The Construction Law Journal, Vol. 7, No. 1, 2009
- Implied Obligations In Construction Contracts, Texas Construction, 2008
- Constitutional Concerns with the TxDOT Sanctioning Process, Texas Tech Administrative Law Journal, 2008
- Attorneys Can Add Value to a Construction Project, Texas Construction, 2008
- Asserting a Contract Claim Against TxDOT, Texas Construction, 2008
- Understanding the TxDOT Sanction Process, Texas Construction, 2008
- Construction Checklists: A Guide to Frequently Encountered Construction Issues (Checklist No. 60 – Common Issues in Drafting International Dispute Resolution Clauses), American Bar Association, 2008
- Revisiting Restrictions on Contingent Payment Clauses, Texas Construction, 2007
- The Fair Housing Act, Austin Business District Magazine, 2006
- Procurement Procedures for Higher Education, Texas Construction, 2006
- Adoption of the Implied Warranty of Good and Workmanlike Performance in Commercial Construction, The Construction Law Journal, Vol. 4, No. 2, 2006
- Comparative Contract Fault: Using the AIA Documents to Apportion Contract Damages, The Construction Lawyer: Journal of the American Bar Association Forum on the Construction Industry, Vol. 26, No. 2, 2006
- Reforming the Application of Article 2 of the UCC in Construction Transactions: Shifting the Analytical Focus, The Construction Law Journal, Vol. 3, No. 2, 2005
- Requirements of the Fair Housing Act, Texas Construction, 2005
- Contract Disputes with Local Governmental Entities: Moving Forward on the Merits, Construction News, 2005
- Enforcement Action Under the Fair Housing Act, Construction News, 2005
- Pass-through Claims Now Recognized in Texas, Construction News, 2005
- Contracts Under the UCC Unique and Complex, Construction News, 2005
- “Best Practices for Drafting Awards in Arbitration,” Construction Law Foundation 2021 CLE for Board Certified Construction Lawyers, November 2021
- Texas Lien and Bond Claims, Associated General Contractors of America (Austin Chapter), October 2019
- “Contractor Defaults: Observations on the Construction Industry,” Surety Association of South Texas, June 2019
- Addressing New Challenges to Contractual Limits of Liability in Arbitration, AGC Texas Building Branch, June 2019
- Key Contract Clauses in Construction, Greater Austin Contractors and Engineers Association, March 2019
- Advocacy Outside the Courtroom (Trial Advocacy Program): Arbitration, The University of Texas at Austin, March 2019
- The Basic Course in Texas Construction Law: Mediation/Arbitration, The Construction Law Foundation of Texas, December 2018
- Guest Lecturer, Cockrell School of Engineering at The University of Texas at Austin, October 2018
- “Arbitral Decision-Making,” Austin Bar Association Construction Law Section, October 2018
- “Understanding the AIA Contract Form Updates,” Associated General Contractors (West Texas Chapter), May 2018
- “Project 101- Contracts and Bonds,” Greater Austin Contractors and Engineers Association, May 2018
- 2017 Legislative Update, Associated General Contractors of America (Austin Chapter), 2017
- Dispute Resolution Process and Issues (CE 395-Project Controls), The University of Texas at Austin, 2017
- Proactive and Reactive Approaches to Minimize the Cost of Defaults, Surety Association of South Texas, 2017
- How to Save Money in a Construction Lawsuit, Associated Builders and Contractors (Mid-Coast Chapter), 2017
- Limitations of Liability: Enforcement and Practical Tips, The Construction Law Foundation of Texas, 2017
- Texas Lien and Bond Claims, Associated General Contractors (Austin Chapter), 2017
- How to Save Money in a Construction Lawsuit, Construction Financial Management Association (Heart of Texas), 2017
- 2016 Case Law Update, Dallas Bar Association Construction Law Section, 2016
- How to Save Money in a Construction Lawsuit, Greater Austin Contractors and Engineers Association, 2016
- How to Save Money in a Construction Lawsuit, Construction Financial Management Association (Central Texas), 2016
- The Basic Course in Texas Construction Law: Contract Termination, The Construction Law Foundation of Texas, 2015
- Construction Law Legal Specialization, San Antonio Bar Association Construction Law Section, 2015
- Navigating the Pitfalls in a Texas Defamation Case, Austin Bar Association Construction Law Section, 2015
- Factoring, Contract Scope, and Cyber Liability Issues, Private Client Event, 2014
- Risk Management & Factoring Seminar, Private Client Event, 2014
- Texas Lien Law, Construction Financial Management Association, Central Texas Chapter, 2014
- Securing Removal of a Lien Claim, Lorman Education, 2014
- Hiring and Employment Practices, Associated Builders and Contractors, Central Texas Chapter, 2014
- Mud-Wrestling the Chapter 162.001 Issue, The Construction Law Foundation of Texas, 2014
- Ahead of Its Time: Technology Tool Box at a Construction Site, ABA Forum on the Construction Industry, 2014
- How to Avoid a Construction Lawsuit and the Use of Exculpatory Clauses, 2013
- Construction Lien Law in Texas, Lorman Education, 2013
- The Demise of the Civil Claim for Misapplication of Trust Funds, Austin Bar Association Construction Law Section, 2012
- How to Avoid a Construction Lawsuit, Greater Austin Contractors and Engineers Association, 2012
- How to Avoid a Construction Lawsuit, Construction Financial Management Association, Central Texas Chapter, 2012
- Mitigating Losses during (and after) a Project, Construction Financial Management Association, Central Texas Chapter, 2011
- The Fundamentals of Construction Contracts: Understanding the Issues in Texas, Lorman Education, 2008
- Managing Construction Projects in Texas, Lorman Education, 2008
- Tricks, Traps and Ploys Used in Construction Scheduling in Texas, Lorman Education, 2006
- Recent Supreme Court Jurisprudence and Hot Issues Affecting Construction Contracts, Lorman Education, 2005
- The UCC and its Applicability to Construction Projects, Central Texas Subcontractors Association, 2005
