Andrew S. “Andy” Harris

Andrew S. “Andy” Harris

Senior Counsel

Trial Lawyer in Austin, TX, Construction, Litigation & Commercial Real Estate

Andy’s practice focuses on advocating for general contractors, subcontractors, suppliers and owners on a variety of construction related issues including litigation, contract negotiations, and alternative dispute resolution. He also has experience in commercial real estate, both transactional and litigation, representing owners, multifamily developers and management firms in landlord/tenant disputes, lease enforcements, collections and foreclosures. In addition, Andy handles contract drafting and negotiations, as well as compliance with state and federal laws.

A seasoned, first-chair trial lawyer, Andy’s legal acumen is complemented by previous field experience with a general contractor, where he managed numerous projects throughout the Midwest and Texas.

Andy is also the co-founder and a current board member of RBI Austin, a 501(c)(3) which supports nearly 1,400 at-risk children and teens in East Austin athletically, academically and spiritually.

Ones to Watch Best Law Firm

Areas of Practice

  • Construction Law
  • Litigation
  • Commercial Real Estate

Bar and Court Admissions

  • Texas
  • Florida
  • U.S. District Court, Western District of Texas

Education

Stetson University College of Law

  • J.D. (magna cum laude) – 2013
  • Stetson Law Review
  • Moot Court Board
  • Honors Program
  • National Champion – 63rd Annual National Moot Court Competition

University of Connecticut

  • B.A. – 2003
  • Varsity Baseball
  • Scholar Athlete

Representative Experience

  • Assisted in the representation of owner, general contractor and subcontractor clients on a variety of different matters including breach of contract claims, settlement negotiations, lien removal, and debt collections
  • First-chair trial experience in real property litigation, including landlord-tenant issues and contested property divisions
  • Obtained summary take nothing judgment on behalf of general contractor client in lawsuit over payment dispute
  • Resolved payment lawsuit by a pool subcontractor against general contractor in which client successfully paid nothing to defaulting subcontractor
  • Favorably resolved a lawsuit alleging client violated a non-compete clause
  • Represented various clients by drafting and negotiating lease documents and supporting addendums.
  • Successfully recovered payment for design work performed by client in construction of medical facilities
  • Defended out-of-state builder against improper permitting and defects claims on new construction
  • Negotiated favorable construction timeline for client to ensure smooth occupancy transition for business
  • Successfully terminated commercial lease for business owner and landlord when tenant violated city and county code and lease terms
  • Favorable resolved payment dispute for works performed by subcontractor in large commercial development
  • Advised multiple national highway contractors on Texas road projects and TxDot issues
  • Successfully litigated $23MM in defect and delay claims against subcontractor on high-rise construction project
  • Favorably resolved defect and improper lien claims against contractor on behalf of national hotel owner
  • Defended and resolved construction defect claims against general contractor client related to work on a large commercial airport project
  • Obtained payment for various subcontractors and suppliers pursuing lien claims and payment claims on projects throughout Texas
  • Successfully recovered payment for contractor client in a lawsuit related to a ground up commercial project
  • Successfully appealed and overturned judgement against client involved in a lease dispute
  • Successfully resolved arbitration proceeding related to payment dispute between contractor and subcontractor on a 6,000-acre solar installation

Professional Associations and Memberships

  • State Bar of Texas – Construction Law Section; Young Construction Lawyer Representative and Committee Chairperson 2020-2022
  • Austin Bar Association – Construction Law Section; Leadership Academy, 2015
  • RBI Austin – Board of Advisors
  • Austin Young Lawyers Association
  • Texas Trial Lawyers Association
  • Capital Area Trial Lawyers Association
  • The Associated General Contractors of America – Austin Chapter
  • AGC Construction Leadership Council
  • Associated Builders and Contractors – Central Texas Chapter
  • Greater Austin Contractors & Engineers Association
  • American Bar Association – Forum on the Construction Industry
  • Central Texas Future Leadership Council

Speeches and Publications

  • Presiding Officer – State Bar of Texas Construction Law Section, Basic Course in Construction Law, December 2020
  • Is it Finally Time for Lien Law Reform?” AM Monthly Law Alert, September 2020
  • CISA Updates Guidance on Essential Construction Work,” AM Law Alert, April 2020
  • (Contributing Author) Recent Court Opinions Concerning Construction Law, The Change Order, State Bar of Texas Construction Law Section, March 2020
  • “What the Heck? Contingent Payment Enforceability,” State Bar of Texas, Construction Law Section, Construction Law Conference, March 2020
  • The Future is Smart Contracts,” AM Monthly Law Alert, February 2020
  • “Legislative Update 2019” American Society of Heating, Refrigerating, and Air-Conditioning Engineers, December 2019
  • Heard ‘a Purdah? Witness Communication in Arbitration,” AM Monthly Law Alert, November 2019
  • “Killer Contract Clauses,” CFMA Lone Star Conference, September 2019
  • “Contractor Defaults: Observations on the Construction Industry,” Surety Association of South Texas, July 2019
  • “Legal Contracting Issues,” AGC North Central Texas Chapter, April 2019
  • (Contributing Author) Recent Court Opinions Concerning Construction Law, The Change Order, State Bar of Texas Construction Law Section, March 2019
  • “An Introduction to Texas Construction Law,” State Bar of Texas Construction Law Section, Basic Course in Construction Law, December 2018
  • Rethinking Arbitration Clauses in Condo Construction,” AM Monthly Law Alert, September 2018
  • “Can I Say That? Defamation and Tortious Interferences Issues for Attorneys,” (co-author), State Bar of Texas Construction Law Conference, March 2018
  • “Legislative Update 2017,” American Society of Heating, Refrigerating and Air-Conditioning Engineers, 2017
  • Be Careful Out There: Bad Trends in Oilfield MSA Indemnity Clauses,” AM Monthly Law Alert, November 2017
  • “Keeping Austin ‘Solar-Ready,'” AM Monthly Law Alert, April 2017
  • New Austin Regulations on Employment Applications,” (Co-Author), AM Monthly Law Alert, October 2016
  • Austin Imposes New Construction Recycling Ban,” AM Monthly Law Alert, August 2016
  • Enforceability of Contractual Liquidated Damages Penalties,” AM Monthly Law Alert, July 2016
  • “Enforceability of Contractual Fines/Penalties for Subcontractor Safety Violations,” (Co-Author), Mechanical Contractors Association of America, Management Methods Manual, 2016

Professional Recognition

  • The Best Lawyers in America’s, “Ones to Watch” in Commercial Litigation, Litigation – Construction and Litigation – Real Estate, 2021