Jay McKieverAssociateJay McKiever is a member of Winstead’s Construction Practice Group, representing real estate owners, developers, and lenders in a broad range of construction transactions, disputes, and other project matters. Jay’s focus is on drafting and negotiating various types of construction, design, and consulting contracts for a wide array of projects throughout the state of Texas.
Jay has a particular focus on healthcare, commercial, and warehouse/light industrial development sectors of the real estate and construction industries. From procurement and solicitation of proposals to drafting and negotiating design and construction contracts, Jay represents both private and public healthcare systems with their construction needs, providing clients with practical solutions to various legal issues encountered in the design and construction process.
Prior to joining the legal profession, Jay obtained a masters degree in civil engineering and practiced as both a geotechnical engineer and forensic engineer. With advanced engineering degrees and hands-on experience in construction, engineering, and project management, Jay understands the clients’ needs and works to find creative and effective ways to assist in their design, development, and construction efforts.
ExperienceHealthcare:
- Assist in the preparation of an extensive suite of design, consulting, construction, and design-build contracts for a Texas public healthcare entity to implement its master construction and development plan for a new hospital campus and related supporting facilities.
- Negotiate with public municipalities to support client project team members to finalize design and construction contracts for numerous new hospital buildings and supporting facilities on a project-by-project basis.
- Lead associate in drafting and negotiation of construction contracts, bonds, and other project documents for a $34 million multi-phase medical park development with both private and public development components.
Commercial/Industrial:
- Prepare and negotiate construction contract for a $58 million commercial building in El Paso, Texas.
- Multi-level involvement in negotiating design and construction contracts for several industrial warehouse developments nationwide.
- Research and analysis of individual state laws to assist in the preparation of customized design and construction agreement templates for use on commercial projects located throughout the Southwest.
- Prepare multiple construction, design, and consulting agreements for commercial tenant improvement projects.
Pre-Litigation Dispute Resolution:
- Draft claim notices and mechanic’s lien affidavits for filing on Texas projects.
- Prepare detailed analysis of lien claims, notice requirements, and deadlines for contractors and all tiers of subcontractors to evaluate basis of claims on various Texas-based projects for developer clients.
- Supervision/monitoring of site visits with expert witnesses evaluating allegations of construction defect and property damage.
- Negotiate with completion contractors and expert design professionals retained to design and perform repairs to large condominium project on behalf of developer.
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