As chair of our highly acclaimed Construction Practice Group, Michelle energetically leads our team of dedicated construction attorneys representing owners and developers within a variety of industries, including aviation, healthcare/life sciences, and public-private partnerships (P3).  

With more than 30 years of experience in construction law, Michelle is widely recognized for her in-depth understanding of the legal concerns of our lender, owner, and developer clients and how their business interests are key considerations in the resolution of construction matters.  She concentrates her practice on a broad range of construction issues, with a particular focus on drafting and negotiating design and construction contracts for large, complex construction projects.  

Michelle is Board Certified in Construction Law by the Texas Board of Legal Specialization and has significant experience in dealing with the complexity of various delivery methods utilized in the construction industry. She advises clients in both construction litigation and transactional matters.

Construction Controversies: With a background in construction litigation and arbitration, Michelle regularly advises clients in the resolution of contract and construction issues both before, during, and after the controversy is filed. Typically representing owner/developer clients with large multifamily or commercial portfolios, Michelle has successfully resolved claims arising out of contractor defaults, terminations, breach of contract, defective construction, design and engineering errors/deficiencies, delays, scheduling, change order, and payment issues. 

Construction Transactions: Michelle has extensive experience structuring and negotiating complex consulting, design, and construction contracts for elite projects in Texas and across the country. With a particular focus on airport, hospital, and public/private projects, she also has substantial experience in providing legal advice to owner and developers of commercial and multi-family projects. Michelle knows how to integrate her clients’ business objectives into comprehensive, yet practical, agreements. She regularly provides legal advice on interpretation and construction of contract clauses and the interaction of insurance and surety bond products in those contracts.

Representative Experience

Airlines/Aviation/P3

• Structuring/drafting/negotiating design, consulting, and CM @ Risk agreements for public/private transactions to modernize airport terminals and related infrastructure projects at metropolitan airports in Texas, California, Arizona, and Florida 
• Preparation/negotiation of design and CM @ Risk agreements for commercial airline hangar and other proprietary projects in Colorado, Texas, Arizona, and Florida and provide construction-related input on lease structure for facilities
• Prepare/negotiate design and CM @ Risk contracts for airline client for campus building construction and related infrastructure
• Counseling long-term aircraft manufacturer client to structure, draft and negotiate various design and construction contracts relating to multiple projects, including headquarters building, multiple flight training center locations, additional campus facilities, and new-build industrial product
• Advise multi-faceted investment firm on construction and design contracts and related development agreements with respect to investment in P3 projects including:
  • Preparation/negotiation of a design-build agreement, construction contract for restaurant space, and continuing advice concerning completion of a convention center/hotel development
  • Preparation/negotiation of construction/design contracts for construction of single family build-to-rent, light industrial warehouse and mid-rise office buildings on the former campus of Brooks Air Force in San Antonio, Texas

Healthcare/Life Sciences

• Represent JV in connection with development, design, and construction of $5B pediatric hospital complex in Dallas, Texas, engaging with client to draft and negotiate complex contracts while advising on design and construction issues in planning and development of project
• Represent public health system in drafting and negotiating consulting agreements, design professional services contracts, and Design-Build, Construction Manager at Risk and construction agreements for a variety of improvements to the system’s $1.2B master-planned campus project
• Draft suite of design/construction contracts for pediatric healthcare system for use with ongoing expansion/modernization of existing and new medical center campus facilities, including ER and OR buildouts
• Provide legal advice on various construction contracts, subcontracts and related construction issues to large not-for-profit health care system with a network of acute care hospitals and related healthcare projects throughout the Dallas-Fort Worth area 
• Prepare suite of design-build/CM @ Risk/construction and design contracts to assist in implementation of public health system’s master plan of construction activities at existing campus in Fort Worth, Texas 
• Drafting various design and construction contracts and providing ongoing advice concerning construction activities undertaken by large pediatric hospital system 
• Draft design-build and several CM @ Risk contracts for construction of new campus facilities for public hospital system to include acute care hospital, clinics, logistics center, central utility plant and parking structure 
• Construction issue counseling for major Texas healthcare system relating to ongoing construction activities

Real Estate

• Represent developer client in preparation and negotiation of design and construction contracts for new AAA commercial office building in the Dallas area
• Represent financial services company in preparation and negotiation of a suite of design and construction contracts to assist in build-out of office space for new headquarters building and various banking locations throughout Texas 
• Preparation/negotiation of design and construction contracts for multi-year design and construction activities on iconic office campus for private equity fund client
• Extensive representation of large private equity fund in drafting suite of construction and design contracts for use with various office, industrial, retail, and office properties on national basis 
• Long-term representation (20+ years) of real estate developer as construction counsel in its multi-family construction portfolio including drafting design and construction contracts and general construction issue counseling 
• Represent developer in drafting design and construction contracts for construction of winery in Napa, California 

Michelle has served four terms on our board of directors, working to build and expand our core competencies to best serve our clients now and in the future.