Cody Schneider is one of approximately 150 attorneys in the State of Texas, and one of only 40 attorneys in the City of Houston, who is Board Certified in Construction Law by the Texas Board of Legal Specialization.  

Cody specializes in representing clients in a wide array of construction related controversies that cover commercial real estate, data center developments, LNG expansion projects, industrial real estate, renewable energy projects, and public works or infrastructure projects. Cody has zealously advocated for clients on both the plaintiff and defense side in construction disputes that involved multi-million dollar claims.  Although Cody brings a detail-oriented approach to all of his cases, he prides himself on being able to take complex disputes and simplify them into easy to understand, everyday concepts.  

Cody regularly provides legal support to owners, developers, contractors, suppliers, and governmental entities at various stages of disputes and in different venues, including but not limited to prelitigation negotiations, mediations, arbitrations, and lawsuits in both state and federal courts. Further, Cody has prepared various briefs for, and argued on, appeals in Texas courts of appeal, the Texas Supreme Court, and the United States Court of Appeals for the Fifth Circuit.  In general, Cody frequently represents clients in disputes involving claims for breach of contract, breach of warranty, construction defects, prompt pay act violations, construction trust fund act violations, differing site conditions, change orders, delays, loss of productivity, liquidated damages, fund trapping and retainage, payment and performance bonds, and mechanic’s and materialman’s liens. 

Additionally, Cody assists clients with transactional work and construction contract negotiations, including but not limited to pre-construction contract negotiations and reviews, crane swing easements, as well as amendments to agreements after construction begins and even after final completion.  Cody has experience preparing, reviewing, and revising various important construction related documents and/or provisions, including but not limited indemnifications, warranties, payment and performance bond forms, and lien waiver and release forms.

Representative Experience

• Led efforts to aid industry leading manufacturer and supplier of electrical systems to recover millions in past due payments without filing any lawsuits in connection with various data centers projects spanning across several states in the U.S.
• Led firm’s review of construction contracts in connection with multi-billion dollar financing for expansion of LNG export facility with pipeline connections from Texas to Louisiana. 
• Efficiently guided data center developer and operator through terminating agreement with defaulting general contractor and then resolved numerous claims from various subcontractors totaling well over $1 million.
• After obtaining a summary judgment that resulted in over $1 million in claims against dredging general contractor client being dismissed, successfully led appeal and oral argument that resulted in the U.S. Fifth Circuit Court of Appeals affirming the summary judgment as reflected in Diamond Servs. Corp. v. RLB Contracting, Inc., 113 F.4th 430 (5th Cir. 2024).
• Counseled owner and operator of LNG facility in prelitigation discussions with contractor involving claims in excess of $1 million in connection with liquidated damages, progress and final payment disputes, and construction defects. 
• Led arbitration team to obtain an award of over $800,0000 in damages through a partial summary judgment, and then a final hearing, that was confirmed in Powell Electrical Systems, Inc. v. Precision Millwright & Machine, Inc., Civil Action No. 4:25-CV-00287, In the United States District Court for the Southern District of Texas, Houston Division.
• Obtained summary judgments against adverse possession claimants in favor of a housing financing corporation that operates as the City of Houston’s only governmental community development entity.  
• Negotiated prelitigation resolution for industrial property owner in El Paso, Texas in connection with improper diversion of surface water from adjacent property and oversaw remediation measures to repair resulting property damage.
• Led team in fruitful resolution of arbitration proceeding on behalf of prime contractor against claims totaling over $1 million by pipe fabricator for alleged past due payment, and over $2 million in counterclaims due to defective work, loss of productivity, and liquidated damages, in connection with a pipeline expansion project in Pennsylvania. 
• Successfully defended and resolved claims for mining contractor against various tort and contamination allegations involving multi-million dollar dispute in connection with operations on a lignite mine and coal power plant in Atascosa County, Texas.
• Obtained a trial judgment for a construction equipment supplier of over $1.5 million in Harris County, Texas that ranked among the Top 50 Bench Awards in the United States based on breach of contract, fraud, and alter ego/corporate veil piercing claims.   
• Led prelitigation dispute resolution negotiations for community developer in connection with a claims against adjoining landowner arising out of a cost sharing allocation agreement for the construction of utility improvements and then unauthorized installation of utilities on community developer’s property.
• Successfully resolved a construction defect action for an owner/operator against a former property owner and its contractors for improper installation of concrete paving and deficient subgrade treatment for a commercial parking lot.
• Defended and resolved a matter for a prime contractor in a complex construction defect case involving a water treatment plant in South Texas with multi-million dollars in claims. 
• Obtained a favorable summary judgment for a prime contractor on two public highway construction projects against a subcontractor’s claims for breach of contract, wrongful termination, tortious interference of a prospective business relationship, quantum meruit, unjust enrichment, and exemplary damages. 
• Represented an offshore oil and gas jack-up rig designer in a complex international arbitration to obtain multi-million dollar award for the client.
• Defended numerous owners, developers, and tenants against mechanic’s and materialmen’s lien and/or bond claims as well as represented many contractors, subcontractors, and suppliers in pursuing high-dollar mechanic’s and materialmen’s lien and/or bond claims.