Houston
713.650.2653 Direct
713.650.2400 Fax
mfoytlin@winstead.com

Matthew Foytlin's commercial litigation practice includes the areas of bankruptcy, construction, and insurance coverage. He has represented creditors and interested parties in reorganizations and adversary proceedings and advises clients on bankruptcy-related issues that impact business operations, such as preference claims, judicial sales of bankruptcy assets, and executory contracts.

Matthew’s construction experience extends to disputes regarding contracts and indemnity, mechanics’ and mineral property liens, and surety litigation involving owners, contractors, and suppliers. On the design side, he has guided architects and engineers through the litigation and claim process, including pre-suit investigations, subpoena requests, depositions, and multi-party litigation regarding construction defect and personal injury claims.  Matthew has advised builders risk insurers on coverage issues regarding defective design and construction, sublimits on professional fees and services, and loss valuation as it relates to construction. 

Matthew frequently advises insurers on coverage issues regarding first party insurance disputes, with a focus on property and builders risk claims. Matthew’s broad range of experience in commercial property claims includes all types of catastrophes, from windstorms to hail storms and water damage.  This experience includes complex issues of appraisal, concurrent causation, and business interruption.

Representative Experience

  • Represented Chapter 11 Trustee in reorganization of commercial real estate partnership
  • Represented architects and engineers in lawsuits alleging professional negligence
  • Represented contractors and subcontractors in all aspects of construction litigation, from public bid and contract disputes to bond claims
  • Represented insurer in complex coverage dispute involving duty to defend and indemnify under liability in successive multi-party lawsuits stemming from an oil and gas fatality
  • Represented financial institutions in construction equipment loan disputes, frequently resulting in successful repossession of equipment and other pre and post-judgment garnishment and collection
  • Represented builders risk insurer in complex construction dispute regarding issues of construction and design defect

 

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