William B. “Ben” Westcott

• Construction
• Litigation and Transactional
• Energy

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

• 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

• University of Houston Law Center, Houston, Texas
  • J.D. (Cum Laude) – 2000
• Rice University, Houston, Texas
  • B.A., Managerial Studies and Political Science (Cum Laude) – 1997

Board Certified in Construction Law, Texas Board of Legal Specialization

• Texas Bar Foundation, Fellow
• Board Certified in Construction Law, Texas Board of Legal Specialization
• Chambers USA, America’s Leading Lawyers for Business, 2008 – Present
• “Texas Super Lawyer,” as presented by Super Lawyers, a Thomson Reuters Business, in Texas Monthly, Since 2014
• Top 100: Houston Super Lawyers List by Super Lawyers, a Thomson Reuters Business, 2018-2020, 2023-2024
• Listed in The Best Lawyers in America® for Litigation-Construction, since 2019
• Listed in The Best Lawyers in America® for Construction Law, 2008 – 2015, 2018-present
• Recognized as a “Top Lawyer” by Houstonia magazine, January 2020
• “Texas Rising Star,” as presented by Super Lawyers, a Thomson Reuters Business, in Texas Monthly, 2004 – 2014
• Honored as Texas’ Best Lawyers (Construction Law), by American Lawyer Media as presented in The Houston Chronicle, 2008 – 2011
• AV© Preeminent™ Peer Review Rating (5.0 out of 5), Martindale-Hubbell
• Best Lawyers® 2018 Litigation-Construction “Lawyer of the Year” in Houston
• Best Lawyers® 2021 Construction Law “Lawyer of the Year” in Houston

• Adjunct Professor, University of Houston College of Technology, Construction Management, Spring 2014
• Adjunct Professor of Law, University of Houston College of Law, Basic Construction Law, Fall 2012

• State Bar of Texas, Construction Law Section (Council Member, 2010-2013; Legislative Liaison, 2015-2018)
• Houston Bar Association, Construction Law Section (Past Chairman)
• American Bar Association (Member, Forum on the Construction Industry; Member, Division 9 Steering Committee)
• American Arbitration Association, Panel of Arbitrators
• Associated Builders and Contractors of Texas, Board of Directors
• Associated Builders and Contractors Greater Houston Chapter, (Board of Directors 2014-2017; Chapter Counsel 2016-2018)
• Economic Alliance Houston Port Region, (Board Member 2013-2017)
• Houston Contractors Association, State Legislative Advisor
• Mechanical Contractors Association
• American Society of Heating, Refrigeration & Air-Conditioning Engineers
• Construction Financial Management Association
• University of Houston Industry Advisory Board (Commercial Construction) Member

• “AI-Powered Meeting Tools: Tips, Benefits and Risks,” AM Monthly Law Alert, July 2024
• “Construction Legislation from the 88^th Regular Session,” AM Monthly Law Alert, June 2023
• “Construction Law Conference 2023,” AM Monthly Law Alert, March 2023
• “State Bar of Texas Construction Law Conference Recap,” AM Monthly Law Alert, March 2022
• “Potential Side Effects of Reverse Mentoring,” AM Monthly Law Alert, October 2021
• “Construction Law Update: Texas Legislature 87th Regular Session,” AM Monthly Law Alert, July 2021
• “Knowing When Not to Call Your Expert at Trial,” American Bar Association Expert Witnesses Committee Newsletter, April 2021
• “Come on in, the Water’s Fine: Common-Law Vouching-In in Texas,” 34^th Annual Construction Law Conference, March 2021
• “Top 50 Construction Law Firms,” Construction Executive, June 2020
• “Confusion for Construction when State/County/City Issued Stay Home Orders Don’t Say the Same Thing,” Webinar, American Subcontractors Association – Houston Chapter, April 2020
• “Governor Abbott Shows Support of Construction Industry with New Executive Order,” Andrews Myers Law Alert, March 2020
• “City of Houston Letter to Contractors,” Andrews Myers Law Alert, March 2020
• “Force Majeure – Why Not,” Andrews Myers Law Alert, March 2020
• “Construction Contracts, Cyber-Security & Tax Credits,” Seminar with BKD Advisors, February 2020
• “You Can Keep the Change: What to Negotiate when you Have an Opportunity to Modify the Owner Contract,” Houston Contractors Association Breakfast Seminar, November 2019
• “Killer Clauses in Construction Contracts,” Houston Contractors Association Management Conference, September 2019
• “Legislative Update/Top Ten Commonly Negotiated Construction Provisions,” Lone Star Conference, September 2019
• “Legislative Update/Key Contractual Risk Shifting Provisions,” Mechanical Contractors Association Conference, July 2019
• “How New Laws Impact Contractors,” UH Lunchtime Legal Forum, April 2019
• (Contributing Author) Recent Court Opinions Concerning Construction Law, The Change Order, State Bar of Texas Construction Law Section, March 2019
• “Legislative Updates,” State Bar of Texas Construction Law Section Conference, February 2019
• “Andrews Myers Files Amicus Brief on Behalf of Associated Builders and Contractors of Texas, Associated General Contractors-Texas Building Branch and Texas Construction Association in Texas’ Third Court of Appeals on Austin’s Paid Sick Leave Ordinance,” AM Special Law Alert, September 5, 2018
• “State of Texas Legislative Updates,” Mechanical Contractors Association of Texas Annual Convention, July 2018
• “Construction Law/Pitfalls of Government Projects,” Private Client Event, July 2018
• “City Council Passes Revised Tax Abatement Ordinance to ‘Improve the Work Quality of Construction Workers’, ” AM Monthly Law Alert, May 2018
• “Recap of the 31st Annual State Bar of Texas Construction Law Section Conference,” AM Monthly Law Alert, March 2018
• “Legislative Update,” State Bar of Texas Construction Law Conference, San Antonio, TX, March 2018
• “Notice of Request for Time Extension and Claim for Builder’s Risk Coverage,” AM Monthly Law Alert, September 2017
• “On Filing Insurance Claims,” AM Monthly Law Alert (Hurricane Harvey), August, 2017
• “Fire Alarm Inspection Issues Delay Houston Projects,” AM Monthly Law Alert, July 2017
• “Legislative Update,” State Bar of Texas Construction Law Conference, San Antonio, TX, March 2017
• “Construction Disputes, The Long and the Short of It,” Construction Financial Management Association, Houston Chapter, February 2017
• “City of Houston’s ‘Developer Bond’ Requirements,” AM Monthly Law Alert, November 2016
• “Indicate Precisely What You Mean to Say: Contract Provisions That Work,” American Bar Association Forum on the Construction Industry, Fall 2016
• “Killer Contract Clauses,” Foundation Performance Association, August 2016
• “Contract Bond Forms: Know the Risks Before You Sign,” Surety Association of Houston, June 2016
• “Legislative Updates,” State Bar of Texas Construction Law Conference, March 2016
• “Change Orders vs. Construction Change Directives: The Devil is in the Details,” The Construction Lawyer, Journal of the ABA Forum on Construction Law, Volume 36, Number 1, Winter 2016
• “Legislative Updates,” American Society of Heating, Refrigeration and Air-Conditioning Engineers, Houston Chapter, Fall 2015
• “Texas MWBE Programs – How to Protect Yourself from Enforcement Actions,” Mechanical Contractors Association, Summer 2015
• “Contracts 101,” Associated General Contractors, Houston Chapter, Spring 2015
• “Contract Negotiation in the Millennial Generation,” American Bar Association Forum on the Construction Industry Annual Meeting, Spring 2015
• “Stuck in the Middle: A General Contractor’s Unique Position in Drafting Liability for Consequential and Liquidated Damages,” State Bar of Texas Construction Law Journal, Volume 11, Number 1
• Moderator, “Preference Programs in Public Projects: Will this Trend Continue?” American Bar Association Forum on the Construction Industry Annual Meeting, Dana Point, CA, April 2013
• “Working with the Texas Legislature: Identifying, Presenting and Passing Construction-Friendly Bills,” Houston Bar Association, Construction Law Section, September 2012
• “Construction Contract Killer Clauses: Tips for Owners and Contractors to Survive Contract Negotiations,”American Bar Association, Forum on the Construction Industry Webinar, June 2012
• “Flow Down Clauses from a Subcontractor’s Perspective: What’s Swut?,” State Bar of Texas Construction Law Conference, San Antonio, TX, March 2012
• “Texas Anti-Indemnity Bill (HB 2093),” Private Event/Client Education Series, (Co-Presenter), March 2012
• “Texas Anti-Indemnity Bill (HB 2093),” Private Event/Client Education Series, (Co-Presenter), January 2012
• “Texas Anti-Indemnity Bill and Other Legislative Updates,” American Society of Heating, Refrigeration and Air-
  Conditioning Engineers, Houston Chapter, November 2011
• “Legislative Updates,” American Society of Plumbing Engineers, Houston Chapter, November 2011
• “Case Study on Minute Maid Park,” International Concrete Repair Institute, Houston Chapter, October 2011
• “Legislative Updates,” Construction Financial Management Association, (Co-speaker with Texas State
  Representative Rob Eissler), September 2011
• “2011 Legislative Updates,” Mechanical Contractors Association, August 2011“Legislative Updates,” Associated Builders and Contractors, July 2011
• “Lien Releases – Recent Cases and Proposed Legislation,” Gainer, Donnelly & Deroche Roundtable, May 2011
• “Government Procurement Statutes,”  Economic Alliance Port of Houston Region, May 2011
• “E.I.F.S. After K-2: Enforcing Indemnity for Sellers in Products Liability Action,” State Bar of Texas Construction
  Law Conference, February 2011
• “Price Escalation Clauses,” University of Texas School of Law, September 2010
• “Texas Lien and Bond Claims,” American Subcontractors Association, September 2010 
• “Value Engineering,” ASHRAE, August 2010 
• “Dangers of Partial Lien Releases,” Texas Merit Shop Journal: Caselaw Update, July 2010
• “Differing Site Conditions,” Texas Merit Shop Journal, May 2010 
• Drafted 2009 revisions to Texas Trust Fund Statute