Michelle currently chairs Winstead’s highly acclaimed construction practice group. With over 30 years’ experience in construction law, Michelle understands the legal concerns of the Firm’s lender, owner, and developer clients and how their business interests are key considerations in the resolution of construction matters. Michelle handles a wide range of construction issues and is particularly focused on drafting and negotiating design and construction contracts for large office, commercial headquarters, hospital, airport, industrial, and multi-family construction projects.
Michelle is Board Certified in Construction Law by the Texas Board of Legal Specialization.
Construction Controversies: With a background in construction litigation and arbitration, Michelle regularly advises clients in the resolution of contract issues, including contractor defaults, terminations, breaches of contract, delays, scheduling, change order, and payment issues. She has successfully pursued claims 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: Michelle is immersed in the preparation and negotiation of various industry contracts for lenders, owners, and developers. These include Owner/Architect, Owner/Contractor, Owner/CM at Risk, Design/Build, Owner/Consultant, and subcontracts and the detailed terms and conditions relating to those contracts. On a daily basis, she provides legal advice on interpretation and construction of contract clauses and the interaction of insurance and surety bond products in those contracts. Representative transactions include:
- Construction/design contract negotiation/preparation for public/private transactions to modernize airport terminals, hangar, and related infrastructure projects at active metropolitan airports throughout the country
- Preparation/negotiation of design and construction contracts for multi-building office campus facilities for a large private equity fund
- Advising a vertical aircraft manufacturer on various design and construction contract for headquarters building and larger campus facilities and for various satellite locations
- Analysis of design/construction contracts in larger commercial lending transactions for diversified financial services firm
- Drafting 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
- Representing non-profit pediatric health care system in connection with drafting and negotiating design and construction contracts for construction of new medical center and providing a suite of design/construction contracts for the expansion/modernization of existing medical center campus facilities
- Provide legal advice on various construction contracts, subcontracts and related construction issues 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
- Drafting various design and construction contracts and providing ongoing advice concerning construction activities undertaken by large pediatric hospital system
- Representing private university as outside construction counsel, including drafting design and construction contract templates for ongoing use
- Preparation of design, program management, and construction contracts for several large Texas retail developers
- Extensive representation of large private equity fund in drafting suite of construction and design contracts for use with various office, industrial, retail, and office properties on national basis
- Represent developer in drafting design and construction contracts for construction of iconic winery in Napa, California
- Long-term representation of real estate developer as construction counsel in its multi-family construction portfolio, including drafting contracts and providing general construction issue counseling