Profile

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.

Representative Experience

Construction Controversies: Represent owners and contractors in complex litigation and arbitration matters involving contractor defaults, terminations, delays, scheduling and payment issues and modification of contract documents. 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 construction 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. Transactional work also includes interpretation and construction of contract clauses, advice concerning insurance and surety coverages and early resolution of day-to-day construction related problems. Various projects include representing:

• a California winery in preparation and negotiation of Owner/Architect Agreements, Owner/General Contractor Agreement and various Professional Services Agreements for the construction of icon winery in Napa, California.
• a major airline in a public/private venture with a Texas city in the implementation of a major program of construction for a metropolitan airport. 
• a non-profit hospital in preparation and negotiation of construction contracts for new facilities and providing general construction and insurance advice.
• a national real estate developer to develop architect and construction agreements for use in a major mixed use retail/multi-family development in Fort Worth, Texas. 
• a Texas developer in drafting and negotiating architect/contractor agreements for a number of mid-rise condominium and multi-family projects in Alabama and Texas. 
• a Texas-based developer with construction and architect contract needs for 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.
• a developer in drafting dual architect agreements for a high-rise condominium project in Dallas Arts District Area. 
• a number of Winstead real estate developer clients in drafting and negotiating architect agreements and construction contracts on office building/warehouse, multifamily, student housing and projects in Texas and other states.