M. Brandon Waddell - Dallas, TX

Overview

Mr. Waddell concentrates his practice on the representation of design professionals and resolving construction and business disputes. Mr. Waddell is consistently retained by many of the nation’s largest design firms and insurance carriers to defend design professionals in claims arising from allegations of professional negligence. Through his approach to the defense, Mr. Waddell has assisted his clients in avoiding litigation in some of the most significant design claims asserted in Texas.

Additionally, Mr. Waddell has negotiated hundreds of contracts for his clients related to the design and/or construction of significant projects—some of which involve professional fees in excess of $60,000,000.He is also retained to offer strategic planning advice to the design and construction industries, and based on his significant experience, Mr. Waddell is also a frequent speaker at seminars and conventions regarding issues related to professional liability, trial practice and issues affecting the design construction industries.

Mr. Waddell represents a wide variety of businesses, design firms, insurance carriers and individuals including architects, engineers, registered land surveyors, and contractors, including ENR Top 5 Design and Design-Build Firms.

Representative Matters

Design and Construction

Mr. Waddell has represented various contractors, architects and engineers in drafting and negotiating construction contracts, preparing liens and defending construction disputes including professional liability claims in excess of $100,000,000.00. Below is a sampling of significant construction litigation matters handled by Mr. Waddell:

Lead counsel for the design firm of Allen Eagle Stadium—the nation’s largest high school stadium which was temporarily closed for repairs and modifications stemming from allegations of construction and design defects. Mr. Waddell and his client were able to develop and implement a resolution strategy which avoided litigation and implemented all repairs within approximately one year of notice of the claim.

Represented an engineering firm in negotiating and drafting a 5-year engineering services contract related to Comanche Peak Nuclear Power Plant.

Represented a structural engineer in the defense of a design defect claim in excess of $25,000,000.00 related to the failure of an 800' wharf in Texas. After managing a team of five experts in an investigation which supported a theory that the wharf failed due to construction defects, Mr. Waddell obtained a substantially favorable settlement for his client.

Represented an architect in the defense of design defect and contract administration claims arising from the design and construction of a 165,000 square foot public school in which the alleged damages exceed $14,600,000.00. Obtained a favorable settlement for the client.

Represented a structural engineer in the defense of a design defect claim arising from the collapse of a temporary lighting tower for use during a motocross event broadcast on ESPN. Obtained a highly favorable settlement for the client after establishing that the staging company failed to erect the tower in accordance with engineer's plans and specifications.

Represented two geotechnical engineers in the defense of design defect claims arising from excessive vertical foundation movement in sixty-seven (67) homes located in six phases of a residential subdivision. Obtained complete dismissal of all claims against both engineers by way of summary judgment.

Represented an architect in the defense of a design defect claim related to the design and installation of a bentonite pond liner installed at a public university. Obtained settlement of all claims within sixty days of receipt of the Notice of Claim.

Represented an engineer in the defense of a contract administration claim in excess of $2,500,000 arising from the failure of various welds in a parking structure located at a 1,130,000 square foot mall. Obtained a favorable settlement for the client.

Represented a geotechnical engineer in the defense of a design defect claim in excess of $8,000,000 related to the design of an earthen dam that failed. Obtained a favorable settlement for the client.

Represented a geotechnical engineer in the defense of a design defect claim in excess of $6,000,000 arising from recommendations for the foundation design of a 60,000 square foot public building which experienced over 4" of differential movement. Obtained a favorable settlement for the client.

Represented a geotechnical engineer in the defense of a contract administration claim arising from the alleged failure to terminate over 100 piers in the proper bearing strata at a multi-million dollar residence. Obtained favorable settlement of all claims.

Represented a geotechnical engineer in the defense of a design defect claim arising from the premature failure of a roadway. Obtained favorable settlement for the client

Other Matters

Represented commercial landlord in defense of claims for breach of lease agreement valued in excess of $45,000,000.00. Obtained favorable settlement for client.

Represented publisher in defense of copyright infringement claims. Obtained settlement for less than 1% of the $9,000,000.00 in damages sought by the opposing party.

Represented a national restaurant financing association in successful defense of a class action.

Represented international restaurant chain in its successful defense of an application to designate its Dallas location as a historical landmark.

Represented numerous financial institutions in recovery of debt and collateral valued in excess of $7,500,000.00.