Rick is a Director in charge of the Firm’s San Antonio, Texas office and is a Past Chair of the Construction Law Section of the Texas State Bar. He holds Martindale Hubble’s highest peer review rating of “Preeminent AV” and Martindale Hubble’s designation as a Top Rated Lawyer in Construction. Rick was selected by his peers as a Texas Super Lawyer for 2013 and chosen for inclusion in The Best Lawyers in America® and Texas Best Lawyer® in the specialty of Construction Law each year since 2010. Under his leadership, the San Antonio office of Coats Rose has been ranked by U. S. News & World Report as a top Tier I law firm for Construction Law for 2013.
Rick serves as an Arbitrator on the American Arbitration Association’s Construction Arbitration Panel of Neutrals and is a member of the Association of Attorney Mediators. He also teaches Construction Law as Senior Lecturer/Adjunct Professor for the Construction Management Degree Program at The University of Texas at San Antonio, College of Architecture. Rick represents Coats Rose as a member on the University of Texas at San Antonio Construction Industry Advisory Council. Prior to joining the Firm, he served as Assistant General Counsel to a large privately owned construction firm.
Rick is licensed to practice in all Texas State Courts and in the Western Federal District Court, the Fifth and Eleventh Federal Circuit Courts of Appeals, and the United States Supreme Court. He serves as a Special Advisor to the Editorial Board of the South Texas College of Law Construction Law Journal. Rick is certified by Associated General Contractors of America as a BIM Instructor for AGC’s Unit 3: BIM Contract Negotiation & Risk Allocation.
Rick is a frequent speaker on construction law issues, with significant experience in the development of strategies for the formation of business entities, the drafting and negotiating of all types of commercial contracts, including engineering, procurement and construction contracts for major industrial projects, industrial maintenance contracts, commercial construction contracts, and U. S. Government projects (for which he was required to hold a Top Secret security clearance).
Rick also has extensive experience in developing strategies for and managing complex construction litigation matters, as well as commercial, labor and employment law disputes. Through his work with the State Bar Construction Law Section, Rick has established relationships with numerous, highly competent construction litigators and expert witnesses across the country.
University of Texas (B.S., 1975)
St. Mary’s University School of Law (J.D., 1977)
Texas Supreme Court
U.S. Circuit Court of Appeals, Fifth and Eleventh Circuits of Texas
U.S. Supreme Court
U. S. District Court for Western District of Texas
U.S. District Court for Southern District of Texas
American Bar Association (Construction Law Forum)
American Arbitration Association (Roster of Neutrals)
Association of Attorney-Mediators
Texas State Bar Association (1978)
Texas State Bar Construction Law Section
Texas State Bar Insurance Law Section
Texas Bar Foundation (Life Fellow)
College of the State Bar of Texas
South Texas Construction Law Journal (Special Advisor to Editorial Board)
San Antonio Bar Association (Construction Law Section)
University of Texas San Antonio Construction Industry Advisory Council
San Antonio Economic Development Foundation (Member, Board of Directors)
Greater San Antonio Chamber of Commerce
Associated General Contractors, San Antonio Chapter (Awarded the Moeller Award for Outstanding Services to AGC Members 2008 and 2012; Member, Board of Directors 2009-2012)
Texas Building Branch, Associated General Contractors Legal Affairs Committee
Associated General Contractors of America certified BIM Instructor for AGC’s Unit 3: Building Information Modeling- Contract Negotiation & Risk Allocation
Associated Builders and Contractors, San Antonio Chapter
Dispute Resolution Board Foundation
Phi Delta Phi
Rick enjoys basketball, fly-fishing and hunting when time permits.
He also raises and sells AQHA registered quarter horses. (See the Facebook page for Indian Creek Ranch, LLC.)
Represented a government owner in the resolution of a major scope dispute for the delivery of professional services for the procurement a major health care facility. By using a dispute review board process and developing expert testimony to provide an in-depth explanation of the standard of care in the industry, Rick helped the public owner quickly reach a settlement that enabled the project to get back on track without ever having to mediate, file suit or engage in costly discovery.
Represented a general contractor whose subcontractor installed a defective light pole that collapsed across the owner’s building. The clear cause: a manufacturing defect, not installation. The manufacturer went into bankruptcy. The owner’s property insurer still sued the general contractor (the client) and subcontractor, alleging they were “sellers of a defective product” and strictly liable under Texas law. Rick got the subcontractor’s insurer to assume the cost of defense for the client, and he persuaded all parties to agree to non-suit of the case to allow early mediation to resolve all claims. Rick then established the general contractor, as construction manager for the project, could not be a seller, and was not liable as a matter of law. The general contractor client successfully avoided all liability and cost of defense.
Represented a large mechanical contractor in recovering most of its contract balance for completed work on a remodeling project for a major internet servicing and data center facility, including a retrofit of the facility’s air conditioning system. The private owner claimed the system, as designed by a third party, failed to operate properly. In fact, the owner had obstructed progress of the work and expanding the scope and schedule far beyond the work originally required. After filing suit on behalf of the contractor, arranging key interview of a key former employee of the owner, and developing a multi-million dollar claim against the owner to demonstrate the bulk of the claimed defects were largely extra work, a settlement was finalized resulting in the client recovering more than 90% of its contract balance, all without taking a single deposition or even having to go to mediation.
Defended a general contractor and its surety against suit brought by a government owner. After several attempts at mediation proved unsuccessful, a videotaped inspection of the general contractor’s work captured the owner’s own expert admitting the general contractor’s work was performed properly. Also, discovery lead to documents showing the government owner had accepted the project as complete, even though it later secretly attempted to persuade its architect to retract a certificate of substantial completion. Settlement was successfully negotiated to avert an imminent trial. The general contractor client recovered nearly 90% of its contract balance damages.
Successfully represented a government owner in its pursuit of damages for design errors and omissions by the original architect and a mechanical engineer on a major data center project. The case required extensive analysis of the feasibility of the mechanical engineer’s mechanical and electrical system designs for the HVAC systems. After an early mediation that included the professional liability insurance carriers of each of the defendants, a significant settlement was achieved and essentially all funds paid for the failed design were recovered to allow the project to get back on track without ever having to file suit.
Defended a general contractor against multiple building construction defect claims asserted by a government owner. By coordinating an early mediation process that included the contractor’s insurer, its subcontractors and their insurers, and the engineer and its insurer, the parties all agreed to concentrate their efforts on investigation of the alleged defects, and develop remedial solutions. The client was able to avoid major multi-million dollar liability. Settlement of all claims left the client with virtually no out-of-pocket loss, and without a single deposition being taken.
Served as the Chair of the Dispute Review Board for the Henry B. Gonzalez Convention Center Project, a $300 million dollar project. Several disputes were resolved without further litigation after Rick rendered the formal determination of the Board, with no submitted disputes proceeding to litigation.
Joint Venturing Issues for GC’s and A/E’s (Presented to the 17th Annual Associated General Contractors /American Institute of Architects Building Communities Conference, South Padre, Texas, September 2009)
ConsensusDocs – An Overview (Presented to the International Facilities Management Association, San Antonio Chapter – May 2009)
Termination of a Construction Contractor (Presented at the “How to Keep Construction Projects From Going Bad – And What to Do When They Do” Lorman Seminar, San Antonio, Texas, January 2009)
Associated General Contractors /American Institute of Architects Contract Series: Comparison of ConsensusDocs and AIA Forms on Key Issues (Topics: (1) General Overview and Dispute Resolution Practices and Processes; (2) Traditional Roles & Responsibilities: Owner/Architect/Contractor/Subs; (3) Liability Risk Transfer: Consequential & Liquidated Damages, Limitations of Liability, Indemnity and Insurance; (4) Delays, Changes & Change Management; and (5) Default, Termination & Suspension (Presented to the Associated General Contractors, San Antonio Chapter, August – December 2008)
ConsensusDocs – There’s a New Kid in Town (Associated General Contractors, San Antonio ChapterNewsletter 2008)
ConsensusDocs: Good for Owners? (Presented to the Construction Owners Association of America, Texas Chapter, September 2008)
Environmental Liability in Construction Contracts (Presented to Houston Bar Association, Construction Law Section, November 2007)
The Basics of Contracts for Financial Managers (Presented to Construction Financial Management Association, November 2007)
Bypassing the Low Bidder: An Examination of Texas Bidding Laws Applicable to Local Governmental Entities (South Texas School of Law Construction Law Journal, September 2007)
Enforceability of Contingent Payment Clauses in Texas (Co-chaired Associated General Contractors – Texas Building Branch committee to help in the publication of the book, which focuses primarily on the 2007 Texas statute restricting the enforceability of contingent payment clauses in subcontracts. Rick is the primary author.)
Lien Rights of Construction Managers; co-authored with law student Kerri Ranney (South Texas School of Law Construction Law Journal, September 2007)
Termination of a Construction Contractor (Presented to Associated Builders & Contractors, San Antonio Chapter, August 2007)
Contingent Payment Clauses: It’s A Whole New Ball Game and the Field Has Landmines (Coats Rose, July 2007)
The Short Version: Can a Lead Person Vote in a Union Election? (Associated Builders & Contractors, San Antonio Chapter, January 2007)
Expedited Arbitration Procedures – It Ain’t Just Plain Ole’ Arbitration Anymore (Presented to the 20th Annual Construction Law Conference, San Antonio, Texas, 2007)
The “Arranger” – Helping the Owner Deal with its Contaminants while Minimizing your Risk of being Contaminated with CERCLA Liability (San Antonio Construction New, September 2006)