Tom has been a valuable Director in the Construction/Surety section of Coats Rose since 1992. His previous legal experience includes work as Associate Surety Counsel with Fireman’s Fund Insurance Company, and the Construction/Surety Section of Winstead, Sechrest & Minick. A registered professional engineer (licensed 1984, inactive currently) Tom has presented over eighty lectures and seminars to industry groups, Bar Associations and client groups. The topics range from suretyship, lien laws, construction contract provisions to sales taxation, dispute resolution and insurance issues. Tom has received an "AV" Peer Review rating by Martindale-Hubbell, has been named a construction “Super Lawyer” every year since the inception of this distinction, and has been recognized by Chambers USA.

Practice Emphasis
Tom’s practice focuses on representing owners, sureties, general contractors, subcontractors, and suppliers emphasizing the investigation and administration of construction contract and subcontract defaults on behalf of owners, sureties and general contractors, complex construction case workouts, lien and bond claims, and contract document preparation.

Education
Oklahoma State University (B.S. in Mechanical Engineering, 1979) University of Arkansas at Little Rock (J.D., 1985)

Admitted
1985, Arkansas 1989, Texas

Affiliations
Arkansas State Bar State Bar of Texas (Construction Section - Past Member, Executive Council) Houston Bar Association (Construction Section - Past Member, Executive Council) American Bar Association ABA Forum Committee on the Construction Industry (2006 Program Co-Chair) Tort & Insurance of Practice Section, Fidelity and Surety Law Committee (2006 Program Co-Chair) Surety Claims Institute National Bond Claims Association Southern Surety Association

Representative Projects

• Represented surety in multimillion dollar claim by obligee, resulting in mini trial advisory verdict for surety on fraudulent inducement, thereafter producing settlement reimbursing surety for losses paid.
• Represented surety on 6.5 million dollar probate bond case, resulting in dismissal of claims after investigation of offshore trusts, upheld on appeal.
• Represented general contractor in case of first impression construing the Texas Trust Fund Statute to be a statutory trust under the Bankruptcy Code, resulting in general contractor being able to pay debtor subcontractor’s vendors out of funds due to the debtor subcontractor, in spite of IRS levy, in order to obtain warranties and to obtain final payment from owner.
• Represented surety in case of first impression holding that a bond claimant is not a “consumer” with standing to sue under the Texas Deceptive Trade Practices Act.
• Represented surety in case of first impression holding indemnitor’s failure to post collateral entitled surety to settle claims at its sole discretion as provided in general indemnity agreement.
• Represented amicus sureties in case of first impression holding indemnitors do not have “bad faith” cause of action against sureties.
• Represented surety in “Pre-Pack” bankruptcy of a national roofing contractor “roll up”. Participation in the preparation and review of bankruptcy pleadings, as well as hearings on contested matters, and the purchase and sale documents to accomplish “reverse roll up” sale of individual and grouped assets, resulting in the assumption of surety liabilities by purchasers and successor entities.
• Represented surety in “Pre-Pack” bankruptcy of national mechanical contractor “roll up” requiring provision of DIP financing and bonding facilities during successful “reverse roll up” and sell off of individual and grouped assets.
• Represented surety in successful “channeling” of claims from multiple jurisdictions in relation to offshore pipeline construction case, with result that claims were paid through insurance proceed recovery against marine builders risk policy.
• Represented major oil company in resolution of dispute relating to HDPE pipeline installation in Persian Gulf.

Publications

• U.C.C. Article 9 - Disposition of Repossessed Collateral, 6 UALR L.J. 585 (1985)
• Bonds and Liens on Construction Work in Texas, publication of the Associated General Contractors, January, 1990, 1991, 1992, 1993, including the Property Code, the McGregor Act, and the Miller Act
• Overview and Tips on Mechanics Liens and Bonds Related to Liens, Texas Construction, Seventh and Eighth editions (February and March 1994)
• Mechanics Liens in Texas, National Business Institute (1998) (2004)
• The Texas Trust Fund Statute; Construction Section, Annual Meeting, (1999), State Bar of Texas
• Construction Payment Remedies in Texas; National Business Institute (2001)
• A Primer for Bond Claims in Texas; Presented to Kemper Insurance Companies (2001) and CNA Insurance (2001)
• Got a Multi-State Mess and a Bankruptcy? Maybe a Channeling Injunction Will Work; Southern Surety and Fidelity Claims Conference, 12th Annual Meeting (2001)
• The New Surety Claims Practices Act Requirements in Texas; Southern Surety and Fidelity Claims Conference, 13th Annual Meeting (2002)
• Pre-Pack Bankruptcies and First Day Orders: I Hear That Freight Trail Coming; Southern Surety and Fidelity Claims Conference, 14th Annual Meeting, (2003)
• What Sureties Should Know About Mold Claims (Or, The Fungus Among Us); Southern Surety and Fidelity Claims Conference, 15th Annual Meeting (2004)
• Business Structures From the Surety’s Perspective: Locking in Indemnity and Collection Rights; Southern Surety and Fidelity Claims Conference, 16th Annual Meeting (2005)
• Treasury Certification Investigations – The Ultimate (Abusive) Settlement Tool for the Government; Southern Surety and Fidelity Claims Conference; 17th Annual Meeting (2006)
• The Use of Business Structures to Encapsulate Liability; Construction Law Section of the State Bar of Texas and The Texas Institute of Continuing Legal Education, 19th Annual Construction Law Conference (2006)