Michelle has a dual transactional/controversy practice focused on the construction industry. She understands the daily business and legal concerns of the industry and how the parties need their counsel to properly adjust the many components of a construction project so that they properly fit together. Michelle represents Winstead's real estate owner, developer and contractor clients in a myriad of construction disputes, litigating construction issues through the trial and appellate process and various alternative dispute resolution procedures throughout the State of Texas. On the transaction side of her practice, Michelle has extensive experience in drafting and negotiating critical contracts for use on many commercial, hospital, airport and multi-family construction projects.
Construction Controversies: Representation of owners and contractors in complex litigation and arbitration matters involving contractor defaults, terminations, delays, scheduling, change order and payment issues. Successful pursuit of claims for owners and contractors to recover damages arising out of construction defects and design and engineering errors/deficiencies in commercial, multi-family, and large condominium construction projects.
Construction Transactions: Preparation and negotiation of various industry contracts for owners, developers and general contractors, including Owner/Architect, Owner/Contractor, Owner/CM at Risk, Design/Build, Owner/Consultant and Subcontracts and related general conditions of the contract. Provide legal advice concerning interpretation and construction of contract clauses, insurance and surety coverages and early resolution of day-to-day construction related problems. Representative transactions include:
- Preparation/negotiation of design and construction contracts for multi-building office campus facilities for a large private equity fund
- Advice concerning and preparation of construction contracts for headquarters building and larger facilities at satellite locations for vertical aircraft manufacturer
- Analysis of design/construction contracts in larger commercial lending transactions for diversified financial services firm
- Construction/design contract preparation for public/private transactions to modernize airport terminals and related projects at active metropolitan airports
- Design-build and Construction Manager at Risk contracts for construction of several buildings for new campus for major hospital system to include acute care hospital, clinics, logistics center, central utility plant and parking structure
- Represent a major regional pediatric health care system in connection with drafting and negotiating design and construction contracts for a multi-million dollar expansion of medical center complex
- Provide legal advice on various construction contracts, subcontracts and related leases to large not-for-profit health care system with a network of acute care hospitals and related healthcare entities throughout the Dallas-Fort Worth area
- Represent private university as outside construction counsel, including drafting design and construction contract templates for future use
- Preparation of design, program management and construction contracts for several large Texas retail developers
- Represent developer in drafting design and construction contracts for construction of iconic winery in Napa, California
- Prepare design-bid-build and design-build contracts and subcontracts for the construction of various highways and interchanges in San Antonio, Austin, Fort Worth, and Dallas, Texas for large highway contractor
- Long-term representation of real estate developer as construction counsel in its multi-family construction portfolio including drafting contracts and general construction counseling
- Represent developer constructing dual high-rise condominium towers in San Diego, California and in numerous high-rise, mid-rise and townhome-style condominium projects in Dallas and Austin, Texas