Timothy C. “Tim” Ross

Timothy C. “Tim” Ross

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Construction Lawyer in Houston TX, Litigation & ADR – Timothy C. “Tim” Ross

tbls1-constructionlawBoard Certified in Construction Law by the Texas Board of Legal Specialization, Tim Ross has a practice focused on the transactional and dispute resolution aspects of construction law. He works with clients in all phases of the construction process with an emphasis on contract drafting and negotiation, dispute avoidance during construction, field management and administration, project close-out and dispute resolution. Tim’s legal acumen is complemented by field experience with a large commercial general contractor, where he managed numerous projects as a construction project engineer. This distinctive combination allows him insight into the nuts and bolts issues that arise before, during and after a project, and the intrinsic capability to support the project community-including general contractors, subcontractors, owners, developers and sureties-in all aspects of construction.

Areas of Practice

  • Construction Law
  • Litigation
  • Arbitration and Mediation

Bar and Court Admissions

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

Representative Experience

  • Defended an offshore marine fabrication, construction and repair contractor in arbitration against various contract and fraud claims with alleged damages exceeding fifty million dollars relating to refurbishment and repair work on an offshore drilling rig
  • Represented a commercial general contractor against a school district and obtained a favorable jury verdict for the payment of hundreds of thousands of dollars in change orders
  • Represented an industrial general contractor against an owner to recover damages caused by the owner’s wrongful termination from the construction of a chemical facility’s control room
  • Represented a general contractor in the negotiation of a construction contract for a new 28-story, 361-unit apartment tower in downtown Houston
  • Represented a developer in the preparation and negotiation of design and construction contracts for the development of a twenty-three story office tower
  • Represented a commercial general contractor to remove and resolve numerous lien claims and recover from multiple defaulting subcontractors
  • Represented a condominium owners association against the general contractor and architect relating to construction and design defects at a high-rise condominium tower
  • Represented a boiler manufacturer and installer against a power plant owner and its officers to collect damages relating to an owner’s non payment
  • Represented a developer in terminating a defaulting contractor and obtained a restraining order and injunction to stop the contractor from defaming the developer and its officers
  • Defended a design builder against claims by an owner relating to property damage arising out of the differential foundation movement at a retail store
  • Represented the owner of an industrial chemical storage warehouse against the design-builder to recover damages resulting from differential foundation movement at the warehouse
  • Represented a gas handling facility owner in a wrongful termination/delay dispute
  • Defended a geotechnical engineer in a multi-party, multi-million dollar design/construction defect dispute
  • Represented a general contractor against subcontractors and suppliers to recover the costs to repair the failed slopes of a detention pond
  • Defended a mechanical and plumbing subcontractor in a multi-party, multi-million dollar construction defect dispute
  • Represented a glazing subcontractor to collect unpaid contract sums and defend against water intrusion claims relating to the replacement of spandrel glass at a high-rise office tower
  • Representation of a general contractor against a hotel owner for wrongful termination

Education

  • South Texas College of Law, Houston, Texas
    • J.D. – 2006
  • Texas A&M University, College Station, Texas
    • B.S. Construction Science – 2001

Certified Legal Specialties

Construction Law, Texas Board of Legal Specialization

Professional Recognition

  • Construction Law, Texas Board of Legal Specialization
  • “Texas Rising Star,” Texas Monthly, (2013-Present)
  • Texas Bar Foundation, Fellow
  • Frequent Guest Lecturer on construction law at Texas A&M University

Professional Associations and Memberships

  • State Bar of Texas, Construction Law Section (Young Lawyers Committee Liaison, 2013-2015; Basic Course in Construction Law Coordinator, 2014-2015; Governing Council Member, 2016-Present)
  • Houston Bar Association, Construction Law Section (Chair, 2013-2014; Chair-Elect, 2012-2013; Governing Council Member, 2010-2014)
  • The Associated General Contractors of America, Houston Chapter (BIM Unit 3 Instructor; Government Affairs Committee Member, Clay Shoot Committee Member)
  • Texas A&M University Construction Industry Advisory Council (Executive Committee/Development Committee Chair, 2017-Present)
  • Houston Contractors Association (Clay Shoot Committee Member)
  • Associated Builders and Contractors Greater Houston

Published Works

  • “The Revised AIA Prime Contract,” AGC Cornerstone Magazine, January 2018
  • “There’s No Crying in Baseball, or is There: Fairness Exceptions in Construction Contracts,” State Bar of Texas Construction Law Section Conference, (3/6/15)
  • “The Enforceability of Provisions Requiring Arbitrations in Other States,” Build Houston (February/March 2013)
  • “Summary of Legislation Affecting the Texas Construction Industry Passed by the 82nd Texas Legislature,” Texas Legislative Wrap Up Seminar, The Houston Contractors Association Education Committee (08/18/11)
  • “Construction Lien Law,” Lorman Seminars (01/13/12, 03/10/11, 03/03/10, 7/28/09, and 07/11/08)
  • “The AIA A201 General Conditions – 2007 Edition,” American Society of Professional Estimators, Houston Chapter (06/14/10)
  • “AIA Contracts,” Lorman Seminar (03/21/13; 05/04/10)
  • “Managing Construction Projects in Texas” (07/01/08)
  • “Change Orders in Texas,” Lorman Seminar (06/19/08; 4/15/14)
  • “The Condominium Craze: Managing the Players, the Project, and the Potential Liability,” The University of Texas School of Law, Construction Law Conference (10/11/07)
  • “The New Contingent Payment Clause Statute: Does it Really Help Anyone?” Build Houston (08/01/07 (Part 1) and 11/01/07 (Part 2))
  • “Ancillary Arbitration Issues in Construction Disputes,” Construction Law Journal (06/01/2005)
  • “Not Just for Doctors Anymore: H.B. 4 Requirement Shields Design Professionals From Liability,” Texas Lawyer (03/14/2005)

Speeches and Presentations

  • “Social Media for Contractors,” Associated General Contractors Houston (7/15/17)
  • “Legal Considerations for Contractors,” Private Client Seminar (12/19/16)
  • “Bond Claims,” Construction Financial Management Association (10/26/16)
  • “Lien and Bond Claims in Texas,” Private Client Seminar (4/13/16)
  • “Subcontractor Negotiations Do’s & Don’ts,” Private Client Seminar (12/16/15)
  • “Legal Considerations for Design Professionals,” Private Client Seminar (6/9/15)
  • “The Use of Experts in Mediation & Arbitration,” Forensic Expert Witness Association (4/29/15)
  • “There’s No Crying in Baseball, or is There: Fairness Exceptions in Construction Contracts,” State Bar of Texas Construction Law Section Conference, (3/6/15)
  • “Lien Laws in Texas,” Private Client Seminar (2/5/15)
  • “Change Orders in Texas,” Presented to Affiliated Power Services, LP (4/26/14)
  • “Construction Law Toolbox,” Houston Bar Association Continuing Legal Education Seminar (4/24/14)
  • “Contracts from the General Contractor’s Perspective” State Bar of Texas Construction Law Section’s Basic Course in Construction Law (11/22/13)
  • “Social Media and Testifying Experts,” Forensic Expert Witness Association (07/25/13)
  • “Contract Negotiation and Risk Allocation,” The Associated General Contractors of America, BIM Unit 3 Course (07/16/13; 03/19/13; 3/25/14)
  • “Social Media and Today’s Contractor,” The Associated General Contractors of America, Construction Leadership Council Forum (04/25/13)
  • “AIA Contracts,” Lorman Seminar (03/21/13)
  • “Summary of Legislation Affecting the Texas Construction Industry,” Associated General Contractors of America (02/15/12)
  • “Dispute Avoidance and Resolution,” American Bar Association’s Forum on the Construction Industry’s Mid-Winter Meeting; Division 1 Breakfast (02/03/12)
  • “Change Orders in Texas,” Houston Contractors Association (09/27/11; 4/15/14)
  • “Summary of Legislation Affecting the Texas Construction Industry Passed by the 82nd Texas Legislature,” HUB International Rigg Insurance and Bonds (08/17/11)
  • “AIA Contracts,” Lorman Seminar (05/04/10)
  • “Construction Lien Law,” HUB International Rigg Insurance and Bonds (01/23/09)
  • “Managing Construction Projects in Texas,” Lorman Seminar (04/01/08)
  • “Private and Public Legal Obligations of Texas Professional Engineers,” Houston Business Roundtable’s Project Management Forum (03/21/07)