Practice Areas
Construction
ScottHulse PC’s construction attorneys have a comprehensive and thorough understanding of all phases of construction and the demands and dynamics of the industry. With this insight, we represent owners, developers, construction managers, builders, contractors, subcontractors, suppliers, engineers, architects, lenders, sureties, and insurance companies in all phases of public and private construction. Our strategic office locations in El Paso, Texas and Las Cruces, New Mexico gives us unique insight and experience with building and construction projects across the region, on U.S. military installations, and in Mexico. The ever-changing local, state, and federal laws impacting the construction industry require diligence and proactive solutions — a challenge our attorneys continually meet with exceptional service.
Our construction lawyers provide legal counsel to clients in all stages of construction projects. We are experienced at:
- Identifying and defining appropriate project delivery systems
- Negotiating and drafting financing, design, and contract documents
- Developing and implementing contract administration and claims avoidance procedures
- Developing or consulting on risk management programs
- Advising clients during the construction process
- Preparing and resolving claims through negotiation, mediation, arbitration, and trial
Select Representations:
- Drafted and negotiated construction documents for the Plaza Theatre Project, which involved the renovation of one of El Paso’s great historic landmarks.
- Prosecuted lien claims of specialty contractor against owner and successfully defended counterclaims of owner for breach of contract and deceptive trade practices.
- Advised Section 8(a) contractors in organizational, compliance, and contracting issues.
- Represented successful bidder in obtaining dismissal of lawsuit contesting award by the City of El Paso of bid exceeding $6 million.
- Advised contractor in developing strategy to successfully defend potential lawsuit by telecommunications company for damage to underground fiber-optic cable.
- Prosecuted lawsuit to recover payment in connection with the construction of the Wyler Aerial Tramway in El Paso, Texas.
- Recovered judgment against subcontractor for defective performance of work for major national non-profit corporation.
- Successfully defended architect against malpractice claims prosecuted by public entity.
- Successfully defended homebuilder in multiple week trial arising out of alleged construction defect.
- Successfully defended contractor and surety against subcontractor’s claims for wrongful ejection from multi-million dollar public works project.
- Represented major client in all aspects of multi-million dollar construction program, including the bid process and the development, drafting, and negotiation of architect and general contractor agreements and other construction documents for design-bid-build, construction manager at-risk and design-build delivery systems.
- Successfully prosecuted electrical subcontractor’s claims against state transportation department and state highway contractor.
- Successfully represented regional retailer in prosecution of claims for delay and defective construction and in the removal of mechanic’s liens filed by the general contractor and various subcontractors.
- Successfully defended client in multiple week trial arising from an electrocution incident on a construction site that resulted in wrongful death and personal injury claims.
- Represented the United Services Organization (“USO”) on construction projects at Fort Bliss and Fort Cavazos (formerly Fort Hood), Texas.
