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AREA OF PRACTICE Arbitration and ADR Construction Litigation - Commercial Vernon helps businesses avoid and resolve commercial disputes through negotiation, alternative dispute resolution and litigation, with an emphasis on construction and government contract law. For fifteen years, Vernon has represented construction owners, contractors, subcontractors and suppliers in claims and dispute avoidance, resolution and litigation arising from public and private heavy civil, industrial, telecom, and commercial project contracts, including claims related to changed work, extra work, differing site conditions, defective specifications, suspensions and delays. Vernon has also presented or defended various bid protests related to federal, state and local government contracts and defends OSHA citations for workplace safety violations In addition to dispute related work, Vernon has significant experience with construction contract document preparation, negotiation, and risk analysis. He also represents small, disadvantaged, minority and women owed businesses in certification disputes and government contractors / vendors denied DBE / MBE / WBE participation credits. REPRESENTATIVE EXPERIENCE Solo construction arbitration in Montana to award in favor of Texas subcontractor of competing claims for subcontractor caused delay to Montana prime and extra work by subcontractor on project to rehabilitate waste water structures in Virginia Beach. Preparation and litigation of differing site conditions claim by Texas horizontal directional drilling subcontractor against prime and third party defendant Texas municipality to mediated settlement following equipment failures, production loss, and delay caused by unforeseen and unusual rock mechanics. Defense of project owner / developer of $20M retail center in Alaska against multiple change order requests for extra work and delay and prosecution of counterclaims to mediated settlement. Solo jury trial to plaintiff’s verdict on behalf of owner of medical office building against manufacturer of leaking EPDM membrane roof (Medical City Dallas, Ltd. v. Carlisle Corp. et al., 192nd District Court of Dallas County). Litigation defense of Oklahoma DOT of suit by prime contractor who provided routine highway maintenance in Oklahoma City and Tulsa, following termination of contracts, and prosecution of counterclaims. Arbitration defense of claim against state DOT arising from state directive to remove and replace $3,000,000 of defective asphalt pavement and subsequent prosecution of debarment action on behalf of state related to substitution of unapproved aggregate materials and false subcontract reporting. Leading three project teams of engineers, consultants and attorneys responsible for preparation and presentation of multimillion dollar claims for additional compensation in connection with the expansion of terminal facilities at two major international airports. Arbitration defense on behalf of prime contractor of a multimillion dollar claim by subcontractor for changes arising from a fiber innerduct installation contract, and prosecution of counter claims for defective workmanship by subcontractor. Defense of claim by at-risk construction manager for delay and extra costs incurred during performance of contract to build digital wireless communications networks in multiple major trading areas. Litigation defense of multimillion dollar claim for delay/cover/fraud by prime contractor following termination of structural steel supply contract for expansion of a petrochemical plant, and prosecution of counterclaims on behalf of steel supplier. Prosecution and analysis of prime contractor claims for return of liquidated damages and recovery of extras spent in constructing 450 megawatt cogeneration facility. Negotiation of termination for convenience settlement of microtunnelling contract on behalf of prime contractor following discovery of massive differing site conditions. Representation of high rise apartment complex prime contractor during default termination and subsequent bankruptcy of major, bonded trade subcontractor. Defense of various OSHA citations for serious, willful and repeat violations, including citations involving job site fatalities (excavation, blasting and confined space). Defense and trial in U.S. District Court, on behalf of public owner, of differing site condition/defective design claim brought by prime contractor. Litigation of builders risk insurance coverage dispute on behalf of contractor as a result of insurer’s cancellation of subcontractor coverage without notice to contractor. Representation of low bidder in defense of protest of award of $40 million large diameter water main contract by North Carolina utility district. Representation of disappointed offeror in protest of award of San Francisco area bridge electronic toll collection contract. Negotiation and drafting of favorable prime contract terms on behalf of owner of a $30,000,000 hospital expansion project. Preparation of contract documents for owners for use in the fast track construction of a national restaurant chain. Preparation of form contract documents for construction of a multi-facility national chain of continuing care retirement communities. Reported Decisions Carlisle Corp. v. Medical City Dallas, Ltd., 196 S.W.3d 855 (Tex.App.-Dallas 2006, pet. granted). Boar’s Head Provisions Co. v. Woodley, 1995 WL 550377 (Va. App. 1995). Farm Fresh v. Golicic, 1995 WL 592831 (Va. App. 1995). PROFESSIONAL ACTIVITIES / MEMBERSHIPS / AFFILIATIONS Licensed to practice in Texas and Virginia state courts. U.S. Court of Appeals for the Fourth and Fifth Circuits. U.S. District Courts for the Northern District of Texas and the Eastern and Western Districts of Virginia. American Bar Association (Forum on the Construction Industry and Sections of Litigation, Public Contract Law. State Bar of Texas (Litigation and Construction Law Sections). Virginia State Bar (Construction Section). Dallas Bar Association (Construction Section). Community Service Board Member and Secretary, Refugee Services of Texas, Inc., Dallas Texas. Board Member and Secretary, The Wilkinson Center, Dallas, Texas. PUBLICATIONS / SPEECHES Co-Speaker Complete Maintenance Privatization: Can You Make It Work, Transportation Research Board 86th Annual Meeting, Washington, DC, January 23, 2007. Speaker, Preliminary Notices and Mechanic’s Liens,National Ass’n. of Credit Managers Southwest’s Construction Boot Camp, Las Colinas, Texas, September 8, 2006. Co-Speaker, Maintenance Privatization the Oklahoma Experience, Transportation Research Board 45th Annual Workshop on Transportation Law, Chicago, IL, July 25, 2006. Co-Speaker, Tricks, Traps And Ploys Used In Construction Scheduling in Texas¸ Lorman Educational Services, Fort Worth, Texas, November 11, 2005. Mr. Howerton was the author of a periodic column on legal issues affecting the transportation construction industry for Transportation Builder magazine, published by the American Road and Transportation Builders Association. Topics included: Ramblings on Public Private Ventures, October 2005; Pre-Planning for Termination, Summer 2005; Working Safe, May 2005; A Myth About Delay, April 2005; Federal Funds and False Claims, March 2005; Trends in Design Liability, November-December 2004; and Storm Water Inspections - Coming Soon to a Job Site Near You, October 2004. Speaker, voiding Fraud in Highway Construction, co-sponsored by the Associated General Contractors of Iowa and the Iowa Department of Transportation, Ames, Iowa, March 2, 2005. Author, "OSHA Citations May Be Contested," Texas Construction, a publication of the McGraw Hill Companies, July 2004. Speaker, Avoiding DBE Program Fraud, Virginia Road and Transportation Builders Association, December 9, 2004. Author,Unforeseen Conditions, Construction Executive, March 2003. Speaker, Getting Paid, American Traffic Safety Services Association, Dallas, Texas, February 12, 2002. Speaker, Payment and Bonding, American Traffic Safety Services Association, Fort Lauderdale, Florida, February 2001. EDUCATIONAL BACKGROUND 1988 - B.A., University of Virginia 1992 - J.D., University of Richmond. |
