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Brian R. Gaudet


board-certified-construction-lawSL - Brian Gaudetav-rated

Brian is a Director in the Construction and Surety and Litigation sections.  His practice encompasses all aspects of the project and construction cycle from contract document preparation and review to litigation and dispute resolution of related claims. In recent years Brian’s practice has shifted substantially toward contract document preparation, creation and negotiation. Brian has been involved in contract documentation for both public and private projects including domestic (Texas and other states) and international projects (South America & Asia) totaling more than several billion dollars in the areas of Oil & Gas, Industrial, Pharmaceuticals, Manufacturing, Chemicals, Commercial, Education, Retail, Residential, Multi-Family Residential, Affordable Housing, Supply, Distributorships, etc. Additionally, he is board certified in Construction Law by the Texas Board of Legal Specialization.

He is at the forefront of current construction industry trends recently working with multiple public owners to develop, draft, and negotiate Energy Savings Performance Contracts.

Prior to joining the firm he served as a judicial intern to the Honorable Richard H. Edelman and the Honorable Charles W. Seymore of the Fourteenth Court of Appeals in Houston.

Brian is consistently recognized at the highest levels by his peers. Brian has received the AV Preeminent rating by Martindale Hubbell and has been selected to the Texas Super Lawyers Rising Stars list in 2010, 2011, 2012, 2013 and 2014.

Brian is a member of Mensa.

In his spare time, Brian assists with coaching youth baseball and football teams who are routine championship and tournament winners.

Representative Engagements

Dispute Resolution

  • Represented an international valve manufacturer and supplier in claims related to two domestic oil & gas facilities significantly limiting damages to approximately 20% of the claimed damages when liability was certain including dealing with issues related to cross border recognition of insolvency proceedings (South Korea).
  • Represented global energy company in resolving disputes related to six landfill gas to energy projects achieving significant reduction in outstanding claims.
  • Represented prime contractor in dispute with international oil & gas company related to warranty claims and design issues significantly reducing claim against prime contractor, requiring financial participation by the project owner in resolving the claims and getting prime contractor’s status as a permissible contractor reinstated without litigation.
  • Represented numerous sureties in resolution of performance and payment defaults.
  • Represented supplier of residential construction materials in processing, litigating and/or otherwise resolving more than 400 lien claims against homebuilders, title companies and property owners.

Contracts and Procurement

  • Represented a large manufacturing company in significant contract development related to major facility construction project.
  • Represented international EPC contractor in negotiations and drafting of a substantial volume of subcontracts, purchase orders and services contracts for domestic oil & gas facility.
  • Represented international EPC contractor in negotiating prime contract with a major pharmaceutical company for a facility located in S.E. Asia.
  • Represented international EPC contractor in negotiating subcontracts and purchase orders for oil and gas facility in Argentina.
  • Represented international EPC contractor in negotiating prime contract with oil & gas Company for facility in Eagle Ford Shale area.
  • Represented domestic company in international procurement for an oil & gas facility in Columbia.
  • Represented domestic company in negotiating an international distributorship agreement for UK based company.
  • Represented domestic chemical supplier in negotiating an international supply agreement for chemical supply.
  • Represented domestic contractor in negotiating a master agreement with international oil and gas company.
  • Represented major school district in contract formation and procurement matters for major bond program.
  • Representation of Developers and Owners in multi-family contracting and dispute resolution.
  • Representation of public owners in various construction and public procurement matters.
  • Served as a Liaison to the American Institute of Architects providing review and suggested revisions to the 2014 changes to the AIA suite of construction documents.
  • Represented various Owners, General Contractors, Subcontractors and Suppliers in preparing suites of contract documents to fit their particular needs
Representative Published Cases
  • Kumkang Valve Manufacturing Co, Ltd. v. Enterprise Products Operating LLC and Enterprise Gas Processing LLC, 442 SW.3d 602 (Tex. App.—Houston [1st Dist.] 2014, no pet.)
  • United Fire & Casualty Co. v Boring and Tunneling Company of America, 321 S.W.3d 24 (Tex. App.—Houston [1st Dist.] 2010, pet. denied)
Representative Speeches/Publications

Brian has authored and co-authored several articles on a variety of current topics concerning the construction industry. He routinely lectures and speaks at seminars to industry, Bar Associations, university classes, and client groups concerning varying topics, including suretyship, lien laws, fraudulent liens and claims, contract provisions, dispute resolution, bankruptcy issues, electronic discovery, social media, legislative changes, and project delivery methods.

Conferences and Speeches:

  • 26th Annual Southern Surety and Fidelity Claims Conference, 2015, Clearwater, Florida
    • Topic: “Types of Indemnity” (with corresponding publication).
  • 28th Annual, State Bar of Texas, Construction Law Section, Construction Law Conference, 2015, San Antonio, Texas
    • Topic: “Architect, Contractor & Project Manager – Three’s a Crowd?” (with corresponding publication).
  • 25th Annual Southern Surety and Fidelity Claims Conference, 2014, New Orleans, Louisiana
    • Topic: “The Anatomy of an Indemnity Agreement” (with corresponding publication).
  • 26th Annual, State Bar of Texas, Construction Law Section, Construction Law Conference, 2013, San Antonio, Texas
    • Topic: ”Practical Guidance for Working with Sureties on Performance Bond Claims” (with corresponding publication).
  • 24th Annual Southern Surety and Fidelity Claims Conference, 2013, Charleston, South Carolina
    • Topic: “You Want us to Bond What? An Overview of ‘New’ Delivery Methods and Special Issues Facing the Surety.” (with corresponding publication)
  • 23rd Annual Southern Surety and Fidelity Claims Conference, 2012, Clearwater, Florida
    • Topic: “Lying, Cheating, Stealing, and Other Bad Behavior” (with corresponding publication).
  • Momentum 2012, Annual Summer Conference, Texas Public Purchasing Association, 2012, Galveston, Texas
    • Topic: “Working with Bonding Companies”
  • 24th Annual, State Bar of Texas, Construction Law Section, Construction Law Conference, 2011, San Antonio, Texas
    • Topic: “Proceed with Caution: Liability for Invalid Liens”
  • 22nd Annual Southern Surety and Fidelity Claims Conference, 2011, New Orleans, Louisiana
    • Topic: “Tool or Taboo? – A Look at Social Media and its Integration with the Corporate and Legal World.” (with corresponding publication).
  • 21st Annual Southern Surety and Fidelity Claims Conference, 2010, Charleston, South Carolina
    • Topic: “Warranty Work Under Performance Bonds” (with corresponding publication).
  • 20th Annual Southern Surety and Fidelity Claims Conference, 2009, Clearwater, Florida
    • Topic: “E-Discovery: Real Life Experiences and Practical Tips/Considerations in Dealing with it.” (with corresponding publication).
  • National Bond Claims Association, October 2009, Braselton, Georgia
    • Topic: “What, When and How Much? A Practical Look at E-Discovery Experiences, With Tips for Those Paying the Bills” (with corresponding publication).
  • 19th Annual Southern Surety and Fidelity Claims Conference, 2008, Charleston, South Carolina
    • Topic: “When your Principal’s ‘Oops’ turn out to be ‘Dupes’: Objecting to Discharge in Bankruptcy” (with corresponding publication).

Trade Associations/Bar Associations

  • Associated General Contractors – AGC Houston Branch yearly speaker, multiple presentations Bonds and Liens, Advanced Lien and Payment – Past Faculty for Advanced Project Management, Small Contractor’s Training Series (with City of Houston)
  • Houston Area Glass Association, Houston, Texas 2014 Topic: “Liens, Removables & Foreclosures: Understanding Chapter 53 of the Texas Property Code from Beginning to End”
  • National Association of Credit Managers – NACM – frequent speaker on Lien and Bond Claims
  • Houston Bar Association, Real Estate Section, Houston, Texas 2010
    • Topic: “The Art and Science of Mechanics and Materialmen’s Liens: An Overview of the Procedure and Issues.” (with corresponding publication)

University/Higher Education

  • Guest Lecturer – Texas A&M University – multiple construction law related classes –Undergraduate and Graduate level. – 2013
  • Guest Lecturer – University of Texas, San Antonio – multiple construction law related classes. 2011, 2010
  • “Texas Steel Bill Raises Questions For Construction,” with T. Donatto, Law360, June 19, 2017
  • State Bar of Texas, Construction Law Journal, Volume 8, Number 2, Winter 2010, Title: “The Fraudulent Lien Law: Where are we now?” (co-authored with Mason Hester).
  • State Bar of Texas, Construction Law Journal, Volume 4, Number 1, Summer 2006, Title: “Getting In and Getting Out: Recent Developments in Arbitration Law” South Texas
  • State Bar of Texas, Construction Law Journal. Volume 1, Number 2, Winter 2003, Title: “Dethroning Texas Counties: Senate Bill 1017”
  • State Bar of Texas, Construction Law Journal. Volume 1, Number 2, Winter 2003, Title: “Case Briefs: Centex Homes v. Buecher, 95 S.W.3d 266 (Tex. 2002).”
  • State Bar of Texas, Construction Law Journal, Volume 1, Number 2, Winter 2003, Title: “Case Briefs: Page v. Structural Wood Components, Inc., 102 S.W.3d 733 (Tex. 2003) & Page v Marton Roofing, Inc. 102 S.W.3d 733 (Tex. 2003).”
  • State Bar of Texas, Construction Law Section, Construction Law Journal. Volume 1, Number 1 Spring 2003, Title: “Sovereign Immunity: When it’s Time to Pay: It’s Good to be King!” (Co-authored with George Baldwin, Allison J. Snyder).
  • State Bar of Texas, Construction Law Journal. Volume 1, Number 1, Spring 2003, Title: “Admissibility of OSHA Standards and Citations: Don’t Ask, Don’t Tell; or is All Fair in Love and War?”
  • South Texas College of Law, South Texas Law Review, Spring 2003, Vol. 44 No. 2, Title: “Judicial Tyranny: Retroactive Abolition of the Year and a Day Rule Held Constitutional for Courts in Rogers v. Tennessee, 532 U.S. 451 (2001), Despite Explicit Constitutional and Due Process Restrictions Against Ex Post Facto Laws
Mediation Training
  • South Texas College of Law- Center for Legal Responsibility
  • Qualified Impartial Third Party under Texas law
Legislative Assignment
  • Former member of the Texas Residential Construction Commission, Arbitration Task Force
  • South Texas College of Law (J.D., magna cum laude, 2004)
  • University of Tennessee at Knoxville (B.A., 1997)
  • Licensed Insurance Adjuster, State of Texas, All Lines, License #1605430
  • Board Certified in Construction Law by the Texas Board of Legal Specialization, 2016
  • 2004, Texas
  • U.S. District Court, Southern, Eastern, Northern, and Western Districts of Texas
  • U.S. Tax Court
  • American Bar Association (Tort & Insurance Practice and Construction Law Sections)
  • State Bar of Texas (Construction Law Section)
  • Houston Bar Association (Construction Law Section)
  • Construction Financial Management Association
  • Mensa
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