Robert BassShareholderRobert represents Winstead's real estate development, lending, and construction industry clients on a wide range of issues based on his extensive, practical experience in litigating construction disputes and in drafting and negotiating both large and small construction contracts. Additionally, with his contacts and experience in lobbying the Texas Legislature with regard to construction-related legislation, Robert has key insight into the development of construction law in Texas.
Unique Lawyer Experience
"Robert Bass is widely viewed as a star of Texas construction law. His forte lies in transactional construction matters, and he also represents clients in complex disputes. Sources say, When someone wants to know why the construction law in Texas is the way it is, the answer is always ‘Ask Robert Bass! '"
— Chambers USA Guide (2011)
Trusted Advisor and Industry Leader
Because of his years of experience handling both transactional and dispute resolution matters for all segments of the construction industry, Robert is often called upon to assist clients in developing contract templates and protocols for managing various types of projects across different jurisdictions. He has served as “outside general counsel” for construction for several clients in developing construction related contract templates, establishing procedures for customizing templates in various jurisdictions, and working with local counsel in other jurisdictions to maintain continuity with the client’s contracting needs and requirements. He has a very wide-range of sophisticated but practical templates in his tool box to meet our clients’ varied construction contracting needs.
Robert is a prolific speaker on construction topics, both to the construction industry as a whole and to specific clients and client groups. He particularly enjoys the opportunity to provide training to our clients’ development and construction personnel on best practices for contracting, project management, and avoiding / mitigating claims and litigation.
Contracts and Transactional Matters
Robert has extensive experience in drafting and negotiating construction documents and advising clients during construction with regard to a wide range of public and private construction projects including Commercial / Mixed Use, Multi-Family, University and Public-Private Partnership (P3) Projects, Sports Venues, and Healthcare Facilities. His recent experience has included:
- Representing developer in drafting and negotiating design, consulting, and construction contracts for a mixed-use development consisting of a mid-rise office building and high rise tower with residential condominium units, high-end multi-family rental units, hotel, and separate ballroom with underground parking, retail, and other amenities
- Representing developer group in drafting and negotiating design, consulting, and construction contracts for mixed-use development consisting of two high-rise towers with office, hotel, retail, and multi-family (for rent) residential, utilizing a non-residential condominium structure
- Representing national developer (REIT) and its captive general contractor for construction of multi-family projects throughout U.S., including development of all contract templates and coordinating use in multiple jurisdictions with local counsel
- Representing private, national university in Texas for development of template contracts for design and construction and drafting and negotiating design and construction contracts for renovation and new construction work on campus
- Represented public university system in Texas with regard to negotiation of development contract and drafting and negotiating design and construction contracts for P3 development of garage, conference center, and hotel connecting to iconic football stadium on campus
- Click Here for a more complete list of representative matters.
Legislative and Administrative
For many years, Robert represented several construction related trade associations and played an instrumental role in the development of construction law in areas such as mechanic’s liens, insurance and indemnity, surety, and allocation of credit and construction risk. He continues to keep a close watch on the development of construction related legislation.
Resolution of Construction Disputes and Work-outs
Robert started his career as a lawyer handling various types of commercial litigation matters. For many years, construction litigation was a major part of his practice. And, while he mostly handles the transactional side nowadays and advises clients on how best to avoid claims and litigation, he is often called upon to assist clients in working through and resolving disputes that arise on construction projects.
- Click Here for a more complete list of representative matters.
ExperienceRobert’s experience has included the following representative matters:
Construction Contracting / Transactional
Real Estate – Commercial / Mixed Use
- Representing developer in drafting and negotiating design, consulting, and construction contracts for a mixed-use development in Houston, Texas, consisting of a mid-rise office building and high rise tower with residential condominium units, high-end multi-family rental units, hotel, and separate ballroom with underground parking, retail, and other amenities
- Representing developer group in drafting and negotiating design, consulting, and construction contracts for mixed-use development in Austin, Texas, consisting of two high-rise towers with office, hotel, retail, and multi-family (for rent) residential, utilizing a non-residential condominium structure
- Representing developer group in drafting and negotiating construction and related consulting contracts for mixed-use development in Austin, Texas, consisting of retail and office (48 floors)
- Representing developer group in drafting and negotiating design, consulting, and construction contracts for mixed-use development in Austin, Texas, consisting of retail, office and multi-family (65 floors), utilizing a non-residential condominium structure
- Representing developer in drafting and negotiating design, consulting, and construction contracts for three-tower project which will include residential (multi-family), office, and retail in Nashville, Tennessee
- Represented developer in drafting and negotiating design, consulting, and construction contracts for mixed-use development in Nashville, Tennessee, consisting of retail, office and multi-family (26 floors), utilizing a non-residential condominium structure
- Represented developer group in drafting and negotiating construction contract and related consulting agreements for high-rise (36 floors), mixed-use (retail, office and multi-family) project in Austin, Texas, utilizing a non-residential condominium structure
- Represented NYSE listed REIT as national construction counsel for shopping center developments (responsible for development of all construction related contract forms and preparation and negotiation of all design and construction contracts)
- Represented owner of high rise office building in drafting and negotiating design-build elevator and escalator renovation contract which will take place over a period of approximately 4 years
- Represented international manufacturing company in drafting and negotiating design and construction contracts for manufacturing facility and offices in Austin, Texas
Real Estate – Multi-Family / Common Ownership Residential
- Representing multiple developers of garden-style and podium-style multi-family (apartment) projects in various markets (in Texas and other jurisdictions)
- Representing national developer (REIT) and its captive general contractor for construction of multi-family projects throughout U.S., including development of all contract templates and coordinating use in multiple jurisdictions with local counsel
- Representing developer in drafting and negotiating design, consulting, and construction contracts for high rise residential condominium tower (25 floors) in Austin, Texas
- Represented separate developers in drafting and negotiating design, consulting, and construction contracts for high rise residential condominium towers (58 and 49 floors, respectively) in Austin, Texas
- Representing unit owners’ association of condominium development on Texas coast with regard to drafting and negotiating design and construction contracts for re-building condominium project following major damage caused by Hurricane Harvey
Real Estate – Infrastructure / Land Development
- Representing national residential real estate developer for drafting and negotiating design and construction contract templates for infrastructure and amenities construction projects in Texas
Real Estate – Hotel / Hospitality / Public Venues
- Represented public university system with regard to negotiation of development contract and drafting and negotiating design and construction contracts for garage, conference center, and hotel connecting to iconic football stadium on campus (also see P3 below)
- Represented city-owned public corporation in drafting and negotiating design and construction contracts for multiple renovation and repair contracts for convention center hotel (also see P3 below)
- Represented one of the nation's largest churches with regard to design and construction of conversion of former NBA basketball arena to sanctuary and church facilities in Houston, Texas
Real Estate – Affordable Housing
- Representing captive general contractor of national developer with regard to contracting for construction of affordable housing projects in Texas (24 projects since 2010) for non-profit “owners” using tax credit investors with public sources of financing and structured to avoid sales tax for construction
Universities / P3 – University Administrative and Educational Facilities
- Representing private, national university located in Texas for development of template contracts for design and construction and drafting and negotiating design and construction contracts for renovation and new construction work on campus
- Representing large county-wide community college district with regard to drafting design and construction contract templates and advising on construction related matters
- Representing three major University “Systems” in Texas with regard to drafting template contracts for design and construction for campus facilities
Universities / P3 – University Sports and Performance Facilities
- See “Sports – University and Amateur Sports Venues” below
Universities / P3 – Student Housing / Other P3 Housing
- Represented bondholders with regard to financing for multiple military housing privatization projects for the United States Army, Navy and Air Force
- Represented multi-city community college district in drafting and negotiating student housing projects with private developer and project financing
Universities / P3 – Convention Centers / Hotels
- Representing private developer in connection with drafting and negotiating construction contracts and advising client on ongoing construction issues for construction of city-owned convention center and construction of adjoining privately owned and operated hotel
- Represented public university system with regard to negotiation of development contract and drafting and negotiating design and construction contracts for P3 development of garage, conference center, and hotel connecting to iconic football stadium on campus
- Represented city-owned public corporation in drafting and negotiating design and construction contracts for multiple renovation and repair contracts for convention center hotel
- Represented developer in drafting and negotiating the contracts for the construction of a $142 Million (plus) hotel and casino in Oklahoma
Universities / P3 – Public Projects
- Represented county in Texas with regard to negotiation of development contract with private developer and design-build contract for construction of county courthouse
- Representing non-profit organization developing major outdoor venue and improvements on city-owned land along major creek in connection with drafting and negotiating construction contracts and advising client on ongoing construction issues
- Represented private developer in drafting and negotiating design and construction contracts for air cargo and belly freight facilities located at publicly owned, international airport
Sports – Professional Sports Venues
- Represented two separate NFL teams located in Texas with regard to drafting and negotiating design and construction contracts for retractable roof football stadiums for respective teams
- Represented NBA team with regard to drafting and negotiating development, design, and construction contracts for approx. 18,500 seat basketball and multi-purpose arena
- Represented bond insurers with regard to financing for construction of approx. 82,000 seat NFL stadium (home to two NFL franchises)
- Represented bond insurers with regard to financing for construction of approx. 53,000 seat MLB stadium
- Represented MLB team with regard to renovations to MLB stadium and accessibility issues
- Represented lender group with regard to construction contracting issues for development and construction of Formula One Racetrack in Austin, Texas
Sports – University and Amateur Sports Venues
- Representing public university in connection with P3 Project with private developer for design and construction of basketball arena (Big 12)
- Represented public university in drafting and negotiating design and construction contracts for multi-year renovations to iconic football stadium (SEC)
- Represented private university in drafting and negotiating construction contract for major renovations to football stadium and subsequent design and construction contracts for additional suites and club seating (Big 12)
- Represented private university in drafting and negotiating construction contract for major renovations to basketball arena (Big 12)
- Represented public university in drafting construction contract for new basketball arena (AAC)
- Represented developer in drafting and negotiating contracts for construction of Jack Nicklaus-designed golf course and amenities area
- Representing local council for national youth organization in development of large camping facility involving separate design and construction contracts for various phases of project
Health Care – Hospitals and Medical Facilities
- Represented general contractor in negotiating construction contract and related documents for the construction of a hospital for medical school in Houston, Texas
- Represented owner in drafting and negotiating contract for construction of medical office building adjoining hospital in San Antonio, Texas
Health Care – Assisted Living and Skilled Nursing Care Residential Facilities
- Represented owner in drafting and negotiating construction contract for independent living project for seniors with skilled nursing and memory care in Austin, Texas
- Represented owner in drafting and negotiating construction contracts for high-end retirement community with skilled nursing and memory care facilities and luxury townhouses outside Austin, Texas
- Represented national developer of independent senior and assisted living centers with skilled nursing and memory care facilities with regard to preparation of construction contract templates and drafting and negotiating construction contracts for four projects in Texas
Legislative and Administrative
- Represented trade association in connection with legislative changes which limit or restrict broad form indemnity and additional insured provisions in construction contracts
- Represented trade association for 25 years in connection with all significant revisions to Texas lien and bond statutes during that period
- Represented trade association in connection with enactment of statutory waiver of sovereign immunity for breach of contract litigation with local governmental entities
- Represented national contractor in connection with legislative proposals regulating owner and contractor controlled insurance programs
- Legislative Advisor to Construction Law Section of the State Bar of Texas on construction related legislative matters (2001-2004; 2009 - 2015)
Resolution of Construction Disputes and Work-Outs
- Represented developer in defective design and construction claim for non-ADA compliant balcony doors on high-rise discovered during construction
- Represented public university with regard to major construction defects to student housing project discovered after substantial completion with major loss of use issues
- Represented private university with regard to claims against contractors for late completion of two separate sports venue projects
- Represented national developer in connection with claims arising from defective roof work on multiple units in facility which included issues arising from termination and replacement of contractor and recoveries from contractor's insurance
- Represented general contractor in arbitration in connection with claims against owner for unpaid contract funds and defense of counterclaims for liquidated damages and other damages on multi-building condominium project, which included issues relating to scheduling delay and design deficiencies and a large subcontractor default insurance claim
- Represented general contractor in connection with claims arising from termination of critical subcontractor and claims with owner for additional compensation on nationally recognized art museum project
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