Kristen Sherwin a shareholder and chair of Winstead's Construction Practice Group. She advises owner and developer clients with respect to construction, design, and professional services contracts, contract administration, lien and bond claims, and project close-out. Kristen’s representation of clients spans the entire lifecycle of a project.  Her approach to handling complex transactional and disputed issues is informed by years of representing owners and developers—as both plaintiffs and defendants—in a variety of complex construction disputes.

Clients recognize Kristen for her tenacious representation, her responsiveness in turning documents, and her keen understanding of their project goals and priorities.

“Kristen is unrivaled in her ability to understand the project needs and the drivers that will cause issues.”

“Kristen is a zealous advocate for her clients.”

“Kristen is great and is able to get things turned around quickly.”

Construction - Chambers USA Guide to America
 

Kristen is Board Certified in Construction Law by the Texas Board of Legal Specialization. 

Representative Experience

Construction Transactions 

Kristen prepares and negotiates a wide range of construction and design related contracts for owners, developers and captive general contractors and she regularly counsels clients on contract administration and interpretation, project-specific issues, and lien, bond, and insurance claims. She brings extensive construction-industry experience across a broad range of project types, including health care, multi-family, mixed-use and residential condominiums, along with hospitality, industrial, data center, aviation, office, and entertainment developments.

Kristen also regularly collaborates with shareholders in Winstead’s renowned Real Estate Development & Investments Practice Group on sophisticated, complex joint venture development partnerships, advising on construction and design agreements and their relation to the joint venture documents and with the firm’s Public Finance Practice Group on design and construction agreements for special districts in Texas.  

Some representative matters include: 

Healthcare

• Draft suite of documents for public hospital system for use with construction masterplan valued in excess of $1 Billion and provide continuing advice and counsel regarding public procurement of various design and construction contracts and work packages within the masterplan.
• Assist in the drafting and negotiation of design and construction contracts for new pediatric hospital complex in Dallas, Texas.
• Advise pediatric healthcare system with respect to construction, design and other professional services contracts, subcontracts, and liens.
• Counsel hospital system in resolution of a casualty loss event and coordination of necessary remedial work. 

Multi-Family/Mixed Use/Condominiums

• Prepare and negotiate construction contracts for private and public portions of $400 Million Mixed-Use development in Frisco, Texas.
• Prepare and negotiate Construction Manager at Risk contract for mixed-use mid-rise luxury hotel and residential condominium in Travis County, Texas. 
• Prepare and negotiate design and construction manager at risk agreements for high-rise multifamily Project located in Jersey City, NJ.
• Advise developers and equity partners in complex real estate joint venture arrangements for multi-family projects across the United States with respect to design and construction contracts.
• Prepare and negotiate design and professional services agreements for luxury mid-rise condominium project in the Commonwealth of the Bahamas. 
• Prepare and negotiate architect agreement and construction contract for mixed-use high-rise condominium in Dallas County, Texas.
• Counsel developers with respect to potential construction defect claims, both pre- and post-turnover of condominium association, including application of Texas Condominium Act. 
• Represent real estate developer with respect to Texas multi-family portfolio, including drafting construction contracts and construction, counseling on construction delays and contractor termination, and advising in pre-litigation and litigation strategies with respect to completion costs and surety claims. 
• Draft and negotiate construction agreements for repair of hurricane damaged condominiums.
• Advise and prepare construction and design contracts for numerous mixed-use and mid-rise condominiums located in and around Dallas, Texas.
• Prepare suite of construction and design agreements for multiple multi-family developers.

Hospitality

• Prepare and negotiate Design-Build agreement for public finance corporation with respect to hotel and convention center project in South Texas. 
• Represent equity investor with respect to design and construction agreements for repair and modernization of portfolio of hotels located across the United States. 
• Industrial/Data Center Prepare suite of construction and design agreements for the industrial development platform of a privately held, Dallas-based, nationally active, real estate investment and development firm, focused on Class A distribution centers, logistics parks, and last-mile facilities. 
• Lead team of attorneys providing advice and counsel with respect to professional services agreements, design and construction contracts for industrial facilities, including distribution centers, fulfillment facilities, and last-mile logistics hubs for a premier national developer of industrial and logistics real estate.
• Draft and negotiate design and construction agreements for multiple industrial warehouse projects across Dallas-Fort Worth and Houston for the industrial division of a full-service commercial real estate firm that oversees tens of millions of square feet of industrial space for private and institutional owners.  
• Negotiate design and construction agreements for the development of a data center project in Garland, Texas on behalf of a national real estate developer's data center development arm.

Construction Litigation

Represents owners, developers, and condominium owners associations, in complex litigation and arbitration involving construction defects, contractor defaults, terminations, delays, scheduling, liens, and payment issues. Representative cases include: 

• Represent owner of a large apartment complex in pursuing damages for multi-million dollar repairs related to construction defects and water infiltration. 
• Represent owner of golf resort in pursuing damages for construction defects. 
• Represent owner of luxury garden apartment complex in terminating defaulted contractor and subsequent litigation for recovery of cost of completion damages and defense of claims for wrongful termination. 
• Represent oil and gas company pursuing claims for defects in construction of subsea well tie-back in adversary proceeding in bankruptcy court. 
• Represent developer of fast-food restaurant in arbitration defending contractor’s claim of wrongful termination and pursuing cost of completion damages from contractor. 
• Multiple cases representing developers in defending claims asserted by condominium associations alleging construction defects and pursuing such defect claims against general contractors. 
• Multiple cases representing of condominium owners associations pursuing construction defect claims against developers. 
• Represent condominium developer pursuing insurance company for payment under OCIP policy for construction defects. 
• Represent shopping center owner pursuing claims against general contractor for termination and completion cost damages and defending claims by general contractor of non-payment. 

Commercial Litigation

Previously represented individuals and companies in commercial and business disputes across a wide array of industries in suits involving a variety of contract and tort claims. Representative cases include: 

• Represent banks, servicers, and lenders in litigation issues arising during workouts and foreclosures, including pursuit of extraordinary remedies such as injunctive relief and receivership. 
• Defense of broker-dealers in FINRA arbitrations. 
• Defense of corporate entities in California Superior Court in litigation involving alleged breaches of ground lease provisions, tortious interference, conversion and fiduciary duty breaches.
• Representation of title insurance company in class action litigation in Federal Court and on Appeal to the United States Court of Appeals for the Fifth Circuit. 
• Representation of health plan administrator in arbitration.