Shareholder; Member of Board of Directors; Chair, Construction Practice Group
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 with a particular focus on drafting and negotiating design and construction contracts for large, complex 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 and construction issues both before and after the controversy is filed. Typically representing owner/developer clients with large multifamily or commercial portfolios, Michelle has successfully resolved claims arising out of contractor defaults, terminations, breach of contract, defective construction, design and engineering errors/deficiencies, delays, scheduling, change order, and payment issues.
Construction Transactions: Michelle has extensive experience structuring and negotiating complex consulting, design, and construction contracts for elite projects in Texas and across the country. With a particular focus on airport, hospital, and public/private projects, she also has significant experience in providing legal advice to owner and developers of commercial and multi-family projects. Michelle understands the complexity of various delivery methods utilized in the construction industry. She knows how to integrate her clients’ business objectives into comprehensive, yet practical, agreements. On a daily basis, Michelle provides legal advice on interpretation and construction of contract clauses and the interaction of insurance and surety bond products in those contracts. Representative transactions in the various industries include:
- Structuring/drafting/negotiating design, consulting, and CM @ Risk agreements for public/private transactions to modernize airport terminals and related infrastructure projects at metropolitan airports in Texas, California, Arizona, and Florida
- Preparation/negotiation of design and CM @ Risk agreements for commercial airline hangar projects in Colorado, Texas, Arizona, and Florida with and provide construction-related input on lease structure for those facilities
- Prepare/negotiate design and CM @ Risk contracts for airline client for multiple campus buildings and related infrastructure
- Counseling long-term aircraft manufacturer client to structure, draft and negotiate various design and construction contracts relating to multiple projects, including headquarters building, multiple flight training center locations, additional campus facilities, and new-build industrial product
- Advise multi-faceted investment firm on construction and design contracts and related development agreements with respect to investment in P3 projects including:
- Preparation/negotiation of a design-build agreement, construction contract for restaurant space, and continuing advice concerning completion of a convention center/hotel development
- Preparation/negotiation of construction/design contracts for construction of a 350,000 sf light industrial warehouse on the former campus of Brooks Air Force in San Antonio, Texas
- Represent non-profit pediatric health care system in connection with drafting and negotiating design and construction contracts for construction of new hospital campus in the Dallas metroplex area
- Draft suite of design/construction contracts for pediatric health care system for use with ongoing expansion/modernization of existing and new medical center campus facilities, including ER and OR buildouts
- 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 projects 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
- Draft design-build and several CM @ Risk contracts for construction of new campus facilities for public hospital system to include acute care hospital, clinics, logistics center, central utility plant and parking structure
- Construction issue counseling for major Texas healthcare system relating to ongoing construction activities
- Represent developer client in preparation and negotiation of design and construction contracts for new AAA commercial office building in the Dallas area
- Represent financial services company in preparation and negotiation of a suite of design and construction contracts to assist in build-out of office space for new headquarters building and various banking locations throughout Texas
- Preparation/negotiation of design and construction contracts for multi-year design and construction activities on iconic office campus for private equity fund client
- 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
- Long-term representation (20+ years) of real estate developer as construction counsel in its multi-family construction portfolio including drafting design and construction contracts and general construction issue counseling
- Represent developer in drafting design and construction contracts for construction of winery in Napa, California