Lamberth Ratcliffe Covington PLLC

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Construction Law

Our lawyers bring years of experience in resolving and trying commercial and residential-construction disputes. We have mediated, arbitrated, and litigated construction disputes in various forums, including state and federal court, arbitration, and governmental agencies.

Our experience involves representing one of the largest homebuilders in the nation and a national, leading home warranty company. We have also represented developers, contractors, design professionals, subcontractors, suppliers, HOAs, community associations, and homeowners.

Representative matters include breach-of-contract and termination actions, design and construction defects, product defects and failures, mechanic’s liens and bond claims, insurance disputes, copyright/trademark infringement, delay claims, and worksite injuries.

Results

Subcontractor Arbitration Win
Two-day arbitration. Represented glass and glazing subcontractor faced with delay claims from a general contractor. Arbitrated to final award. Recovered full damages, plus attorneys’ fees, on counterclaim for the subcontractor, defeating the general contractor’s claims.
Residential Builder Defense
Five-day arbitration on behalf of a large residential builder. Successfully defended client against claims totaling almost $1M for mold damages. After settling with third-party defendants, Claimant recovered less than the client received in settlements from those parties, recovering only about 5% of the damages sought.
Property Owner Defense
Five-day jury trial on behalf of a property owner. Successfully defended against claims from a general contractor (including lien foreclosure) and recovered on counterclaims in excess of $300,000, including obtaining a finding of punitive damages from the jury under the DTPA for knowing, intentional, and unconscionable conduct. Scott Hooten Construction, LLC v. Crumpton, Cause No. 89238, Hunt County (Presiding Judge: Hon. Keli Aiken).
Property Owner Defense
Five-day jury trial on behalf of a property owner. Successfully defended against claims for breach of an easement agreement. Recovered damages for client on counterclaims, including obtaining a finding of punitive damages from the jury for gross negligence. Kokles v. Lowrance, Cause No. 90574-422, Kaufman County (Hon. Sheldon T.W. Gibbs, IV).
Mold Damage
Successful prosecution of claims for mold damage on behalf of a townhome owner. One day arbitration resulted in a final award for client of over $200,000. Settled with other defendant for over $150,000, for a total award of over $350,000.

Results

Subcontractor Arbitration Win

Two-day arbitration. Represented glass and glazing subcontractor faced with delay claims from a general contractor. Arbitrated to final award. Recovered full damages, plus attorneys’ fees, on counterclaim for the subcontractor, defeating the general contractor’s claims.

Residential Builder Defense

Five-day arbitration on behalf of a large residential builder. Successfully defended client against claims totaling almost $1M for mold damages. After settling with third-party defendants, Claimant recovered less than the client received in settlements from those parties, recovering only about 5% of the damages sought.

Property Owner Defense

Five-day jury trial on behalf of a property owner. Successfully defended against claims from a general contractor (including lien foreclosure) and recovered on counterclaims in excess of $300,000, including obtaining a finding of punitive damages from the jury under the DTPA for knowing, intentional, and unconscionable conduct. Scott Hooten Construction, LLC v. Crumpton, Cause No. 89238, Hunt County (Presiding Judge: Hon. Keli Aiken).

Property Owner Defense

Five-day jury trial on behalf of a property owner. Successfully defended against claims for breach of an easement agreement. Recovered damages for client on counterclaims, including obtaining a finding of punitive damages from the jury for gross negligence. Kokles v. Lowrance, Cause No. 90574-422, Kaufman County (Hon. Sheldon T.W. Gibbs, IV).

Mold Damage

Successful prosecution of claims for mold damage on behalf of a townhome owner. One day arbitration resulted in a final award for client of over $200,000. Settled with other defendant for over $150,000, for a total award of over $350,000.

Results

October 2025. Two-day arbitration. Represented glass and glazing subcontractor faced with delay claims from a general contractor. Arbitrated to final award. Recovered full damages, plus attorneys’ fees, on counterclaim for the subcontractor, defeating the general contractor’s claims.

August 2025. Five-day arbitration on behalf of a large residential builder. Successfully defended client against claims totaling almost $1M for mold damages. After settling with third-party defendants, Claimant recovered less than the client received in settlements from those parties, recovering only about 5% of the damages sought. 

May 2023. Five-day jury trial on behalf of a property owner. Successfully defended against claims from a general contractor (including lien foreclosure) and recovered on counterclaims in excess of $300,000, including obtaining a finding of punitive damages from the jury under the DTPA for knowing, intentional, and unconscionable conduct. Scott Hooten Construction, LLC v. Crumpton, Cause No. 89238, Hunt County (Presiding Judge: Hon. Keli Aiken). 

May 2022. Five-day jury trial on behalf of a property owner. Successfully defended against claims for breach of an easement agreement. Recovered damages for client on counterclaims, including obtaining a finding of punitive damages from the jury for gross negligence. Kokles v. Lowrance, Cause No. 90574-422, Kaufman County (Hon. Sheldon T.W. Gibbs, IV). 

July 2021. Successful prosecution of claims for mold damage on behalf of a townhome owner. One day arbitration resulted in a final award for client of over $200,000. Settled with other defendant for over $150,000, for a total award of over $350,000. 

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