PRACTICE AREAS

Construction Litigation

Mr. Textor is a trial attorney with extensive experience assisting clients in the construction industry. His first-chair trial experience involves the trial of more than 75 cases, including numerous jury trials.

In the construction industry, Mr. Textor has represented general contractors, construction managers, design-builders, architects, engineers, subcontractors, materials suppliers and property owners in such areas as contract review, negotiation and preparation; delay and disruption claims; payment disputes; defective design and defective workmanship claims; mechanics’ liens; bond claims; and scope of work issues.

In the real estate industry, Mr. Textor has represented property owners, developers, investors, landlords and tenants on a broad range of issues and disputes, including property acquisition and construction; contract review and preparation; sales and lease negotiation; and dispute resolution.

DISTINCTIONS

2008 "Forty Under 40" recognition by Springfield Business Journal for business leadership in Springfield, Missouri.

2008 Up and Coming Lawyers recognition by Missouri Lawyers Weekly

Mr. Textor was selected for inclusion in Missouri & Kansas Rising Stars 2008 for Construction Litigation

COMMUNITY AND BAR INVOLVEMENT

The Missouri Bar

Construction Law Committee

Springfield Bar Association

Missouri State University

Past Adjunct Professor-Construction Contracts Law

Springfield Contractors Association

Greater Ozarks Building Systems Association

NOTABLE EXPERIENCE

Recent Samples of Mr. Textor’s Trial Experience:

Obtained and promptly collected jury verdict (including penalty interest and attorney fees) in favor of contractor on commercial construction project. Obtained directed verdict at trial on owner’s claims of defective construction.

Lead attorney in dispute representing construction manager in defense of claims by owner and subcontractors and on claims against owner related to large commercial project where claims totaled in excess of $10 million.

Obtained judgment (for total claim, penalty interest and attorneys fees) in favor of contractor in equitable mechanic's lien action. Represented all mechanic’s lien holders in forcing trustee sale of the property, after owner filed bankruptcy, which netted proceeds in excess of the mechanic's lien claims.

Successfully resolved by mediation claims against design engineer on sewer work treatment project. Municipal owner claimed design defects caused premature corrosion of sewer pipe resulting in damages exceeding $3 million.

Obtained judgment in favor of design architect on claims of improper design due to roof collapse from snow load.

Defended engineer on professional negligence claims related to building stabilization evaluation and recommendations. Obtained dismissal with prejudice with zero contribution from client after depositions of plaintiff’s experts.

In Federal Court in Oklahoma, defended pipe manufacturer against claims by contractor totaling over $3,000,000 related to alleged pipe defects on large municipal project. Obtained complete dismissal of claims against manufacturer, without contribution from pipe manufacturer, three weeks prior to trial.

Represented utility contractor against municipal corporation for failure to pay contractor balance for work performed in Federal Court in Arkansas. The municipal corporation terminated the contractor for convenience and counterclaimed for delay damages and costs to complete work required by the contract. Resolved case in mediation approximately one month prior to trial with payment by municipal corporation in excess of balance owed for work performed.

Successfully represented, on multiple occasions, contractors in suits against school districts.

Obtained favorable judgment at trial for general contractor on claims by mechanical contractor for nonpayment on a federal public works project.

Obtained summary judgment in favor of general contractor against mechanic’s lien claims by various subcontractors.

Successfully resolved by mediation subcontractor claims against general contractor and surety related to delays and nonpayment for work performed on large process piping project.

Represented construction manager with enforcement of mechanic’s lien claim against the project owner prior to development project completion. In order to procure financing to complete the project, owner paid construction manager’s lien claim and secured the services of construction manager for the completion of the $50 million project.

Obtained jury verdict in favor of developer and against investors on claims of breach of contract, fraud and conversion.

Recent Samples of Mr. Textor’s Transactional Experience:

Represented investors with acquisition of lumber company.

Represented school districts, on multiple occasions, with acquisition of property, development of facilities, and preparation of construction contracts.

Drafted all construction contract forms for use by Fortune 500 company for all of their new construction projects.

Routinely review and draft owner contracts, subcontracts and various other contracts on behalf of contractors.

Routinely assist parties to commercial and industrial real estate projects with negotiation and preparation of sale and lease documents.

EDUCATION

J.D., University of Missouri-Kansas City School of Law, 1996

B.A., magna cum laude, Missouri State University, 1993

BAR ADMISSIONS

Missouri, 1996

Kansas, 1997