Ben is a Director in the Construction/Surety and Litigation Sections of Coats Rose. In more than 18 years of practice, his experience includes litigating numerous complex construction and environmental matters, negotiation and drafting construction and design contracts, serving as in-house counsel for an international A/E firm, and working on issues concerning the practice of architecture, engineering, and project construction in all 50 states, Mexico and South America. In addition to construction law matters, Ben handles administrative matters related to the construction and design industry, as well as environmental and commercial litigation.

Ben has received an AV rating by Martindale Hubble, as well as numerous other honors for his practice, including being elected a Fellow of the Texas Bar Association, a Master of the American Inn of Court and named a Super Lawyer by Texas Monthly Magazine.

During his time at the University of North Carolina, Ben was a varsity letter winner in wrestling.

Practice Emphasis
Ben has successfully tried numerous construction and environmental cases before federal and state court judges and juries, administrative panels and arbitrators, and has drafted and negotiated numerous contracts for design and construction projects.

Education
University of North Carolina at Chapel Hill (B.A., Intl. Studies & Economics, 1986)
The University of Oklahoma College of Law (J.D., 1991)

Admitted
The Supreme Court, Texas (2000)
The Supreme Court, Oklahoma (1991)
10th Circuit of the U.S. Court of Appeals
The U.S. District Court, Eastern, Western and Southern Districts of Texas
The U.S. District Court, Eastern, Northern and Western Districts of Oklahoma

Affiliations
State Bar of Texas
Oklahoma Bar Association
Master, American Inns of Court
American Red Cross, Central Texas Chapter, (Board and Board Executive Committee Member of 2004 – 2009)

Representative Publications

• An Introduction to Building Information Modeling, The Construction Lawyer, Volume 27, Number 4, 2007.Living in a Material World, Construction Law Journal, Volume 5, Number 2, 2007.
• Defending Subrogation Claims in Design and Construction Cases, The Construction Lawyer, Volume 25, Number 3, 2005.
• Fighting the Unseen Enemy; The Sick Building and Building Related Injury Defense, Texas Construction Law Newsletter, Fall 2001.

Representative Projects

• Defended an engineering firm in a three week design defect case in Galveston County, Texas, where plaintiff’s demand to the jury was $6.2 million. While other defendants were found liable, Ben’s client received a defense verdict on all of the claims against it.
• Defended Texas A&M University against a $3 million construction delay/impact claim. Not only did Texas A&M receive a defense verdict but was awarded damages on its counterclaim.
• Drafted design and construction contract language for Owner, for use of Building Information Modeling (BIM) on a medical center project valued in excess of $300,000.000.
• Negotiated a series of complex tri-party engineering contracts with a public owner and private concession holder for services on a $1 billion road project.
• Prosecuted administrative claims against the Texas Department of Transportation on behalf of a road contractor at the State Office of Administrative Hearings.
• Defended a large contractor on claims of wrongful termination in a week long jury trial in federal court.
• Defended a structural engineer in a week long jury trial where the jury demand exceeded $800,000. Ben’s client received a defense verdict.
• Defended an engineering firm on claims against it by the Texas Board of Professional Engineers. All claims against Ben’s client were dismissed.
• Defended a manufacturer in federal court against accusations it had dumped toxic materials in a Superfund site. Ben’s client received a directed verdict in its favor, and was exonerated.

Published Case Opinions

• Kizer v. Meyer, Lytton, Alen & Whitaker, Inc. d/b/a MLAW Consultants and Engineers, 228 SW3d 384, (Tex. App.—Austin May 25, 2007, no. pet.).
• May v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA, 84 F.3d 1342 (10th Cir. 1996).
• May v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA, 918 P.2d 40 (Okla. 1996).
• Sun Co., Inc. (R&M) v. Browning-Ferris, Inc., 919 F. Supp. 1523 (N.D. Okla. 1996).
• Sun Co., Inc. (R&M) v. Browning-Ferris, Inc., 926 F. Supp. 170 (N.D. Okla. 1996)