Austin Construction Defect Attorney

Trial Attorneys Recovering for Construction Defects

Construction defect litigation can be complex, but winning you a full recovery is really the result of a simple formula we use – set the case for trial and get paid by the jury if the wrongdoers won’t pay you. While we understand the technical aspects of construction, we understand juries even better, and that is what sets us apart from other construction defect attorneys and is what gets you paid.

Combine our trial expertise with our construction defect experience and you get a unique set of trial attorneys that win record recoveries. Complex design and defect issues, combined with the fact that there are strict limits on the time in which a construction defects claim must be filed — means you need to speak with a construction defect attorney at Howry Breen & Herman about your rights and options as soon as you can.

Put more than 30 years of trial work in construction contract law and litigation experience to work for you — contact Howry Breen & Herman today online, or call us at (512) 430-4844 in Austin, Texas, today. Initial consultations are provided at no cost and we often represent clients on a contingent fee basis in construction litigation.

Our practice is statewide and includes cases of:

Poor workmanship
Use of substandard materials
Specified materials not used
Water damage
Toxic mold
General contractor negligence
Subcontractor negligence
Architect negligence and malpractice
Civil engineer negligence and malpractice
Safety defects
Code violations
Breach of warranty claims
Breach of warranty of habitability claims
Abandoned construction projects

Although the damages in any given case will vary according to the unique facts, circumstances and contract language involved — repair (mitigation) expenses, differences in the value of the property, temporary housing or relocation costs, compensation for loss of use, attorney's fees, and other related costs may be sought and obtained.

We Can Fight for You and Your Best Interest

Howry Breen & Herman understands how construction contract law has been applied and interpreted by Texas courts in construction defects litigation and we understand how insurance companies cover various defendants with insurance policies.

And we really understand how to try a construction case to a jury. Because of that, we are able to offer outstanding service, representation, and results in all aspects of construction litigation and can aggressively seek full compensation on your behalf.

At Howry Breen & Herman, we help homeowners, developers, government bodies, condominium associations, apartment complex owners, contractors, home builders, and others to resolve disputes involving construction contract law and construction defects through both arbitration and litigation.

Statewide Representation and Results

For answers to other questions you may have about construction contract law, or your legal rights and options — please call or contact us online for a free consultation with a construction defect lawyer at Howry Breen & Herman.

Our Victories

$10 Million
HBH secured a settlement for a multi-story building that was suffering damage due to construction defects. The recovery included all attorney’s fees and expenses to repair the building. $6,558,000 net to client; $745,000 case expenses; $3,597,000 attorney’s fees.

Construction Defects
Substantial and Confidential
HBH secured a recovery for construction defects to a multi-level condominium tower with systemic water damage. The settlement covered repairs, property damage, stigma, loss of use and attorney’s fees.

Construction Defects
$6 Million
HBH secured a settlement prior to trial for a client who was permanently injured by a premises liability and construction defect. Our client suffered spinal damage and other life-long injuries and required medical treatment the rest of her life. $3,365,000 net to client; $235,300 case expenses; $2,400,000 attorney’s fees.

Construction Defects
$2.85 Million
HBH secured a settlement for a developer who suffered damages due to the negligence of design professionals and subcontractors in a downtown Austin condo redo project. The professionals and subs were negligent and caused damage to the structure during the renovation project, causing additional expenses to repair it and lost profits during the delay needed to repair. HBH set the case for trial and recovered full settlement after taking the depositions of the corporate representatives. $1,669,000 net to client; $130,491.71 case expenses; $1,059,318 attorney’s fees.

Construction Defects
$2.85 Million
HBH recovered for a hospital against a construction general contractor and a flooring sub for defective concrete slab work and flooring. The Defendants improperly installed flooring which later bubbled up and caused serious issues, including problems in operating rooms. HBH took the case on contingent fee and aggressively moved it to trial where the case settled. $1,510,000 net to client; $200,000 cases expenses; $1,140,000 attorney’s fees.

Construction Defects
$2 Million
HBH recovered for a client on a motorcycle who was severely injured and suffered amputation of his leg when struck by a negligent tractor-trailer in a negligently designed traffic redirection zone. HBH filed suit and recovered against the truck driver and his company first, and then prosecuted the case against the road contractor for negligent work regarding the roadway. $1,090,000 net to client; $130,000 case expenses; $780,000 attorney’s fees.

Construction Defects

Our Attorneys

Howry, Breen & Herman is proud to have been named a Tier 1, 2 and 3 Austin “Best Law Firm” in 9 practice areas by U.S. News – Best Lawyers® (“U.S. News” and BL Rankings, LLC). Law firms are selected for inclusion in this prestigious ranking based on a series of quantitative and qualitative criteria. Our specialty and tiers are listed here: https://bestlawfirms.usnews.com/profile/howry-breen-herman-llp/overview/36628
Howry Breen & Herman, LLP was selected the Top Personal Injury Law Firm in Austin by Texas Lawyer, “Best of 2020”. The annual special supplement contains the results of Texas Lawyer readers’ poll, wherein readers cast their votes for the best providers of services and goods to the legal profession.
Attorney Sean Breen and Attorney Chris Lavorato placed in California’s Top 100 Settlements for 2019, as tracked by The Recorder and VerdictSearch.
Our law firm is proud to have been recognized in the Texas Verdicts Hall of Fame. Texas Lawyer in conjunction with VerdictSearch, recognize attorneys and law firms for their verdicts of $10 million or more. In 2011 Sean Breen was a Hall of Fame Award Recipient for the #1 Premises Liability Top Texas Verdict, awarded by Texas Lawyer, for the jury verdict award in the case VanDusen v. Aspen Square Management. In 2016 Sean Breen was inducted into the Texas Verdicts Hall of Fame, awarded by Texas Lawyer, for an outstanding verdict in Nester v. Textron.
Selection to America’s Top 100 Personal Injury Attorneys® is by invitation only and is reserved to identity the nation’s most exceptional litigators for high-value personal injury, catastrophic injury, wrongful death, product liability, and medical malpractice matters. HBH is proud that Sean Breen has been selected for this award. Less than one-half percent (0.5%) of active attorneys in the United States will receive this honor — truly the most exclusive and elite level of attorneys in the community. (2017-2022)
Howry, Breen & Herman is proud to have been named a Tier 1, 2 and 3 Austin “Best Law Firm” in 7 practice areas by U.S. News – Best Lawyers® (“U.S. News” and BL Rankings, LLC). Law firms are selected for inclusion in this prestigious ranking based on a series of quantitative and qualitative criteria. Our specialty and tiers are listed here: https://bestlawfirms.usnews.com/profile/howry-breen-herman-llp/overview/36628
Best Lawyers - Lawyer of the Year | Litigation - Trusts & Estates (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Best Lawyers - Lawyer of the Year | Personal Injury - Plaintiffs (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Lifetime Achievement selection to America’s Top 100 Attorneys® is by invitation only and is reserved to identify the nation’s most exceptional attorneys whose accomplishments and impact on the legal profession merit a Lifetime Achievement award. Selection is not achieved based on a single accomplishment or a single great year of success, but rather on a lifetime of hard work, ethical standards, and community enriching accomplishments that are inspiring among the legal profession. Both Sean Breen (2017) and Randy Howry (2018) are honored to receive this award.
America’s Top 100 High Stakes Litigators® is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters. To be considered for selection, an attorney must have litigated (for either plaintiff or defendant) a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake. These minimum qualifications are required for initial consideration. Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state. HBH is privileged to honor Partners Sean Breen (2017- 2021) and Randy Howry 2017, 2019, 2020 and 2021 for selection of this award.
Expertise - Howry Breen & Herman was recognized and featured in an article by expertisecommunity.com as one of the Best Real Estate Lawyers in Austin. 2020
America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (2019) and Randy Howry (2020) to be recognized among this elite group.
America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (2019) and Randy Howry (2020) to be recognized among this elite group.
The National Trial Lawyers – Top 100, a highly respected legal organization that limits its members to premier trial attorneys who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by strict qualification requirements. Sean Breen Top 100 Civil Plaintiff, 2009 – 2020.
Top 10 Business Tort Trial Lawyers by the National Trial Lawyers. Randy Howry 2012-2013; Sean Breen since 2016.
The Best Lawyers in America® recognizes the top 5% of the most skilled attorneys in the nation. The robust selection process requires attorneys to nominate and review fellow lawyers based on their ethics, skill, knowledge, and ability to obtain results for their clients. The Best Lawyers in America® list is a way for plaintiffs to identify the leading attorneys in their region, known for their ability to get results with honesty, strength, and skill. Tim Herman, Sean Breen & Randy Howry have been featured by The Best Lawyers in America® (2006-2020) running alongside some of the most qualified firms in the nation. More info here.
Top Attorneys As Published In Texas Monthly
Sean Breen was honored by TopVerdict.com for recovering one of the Top 50 Verdicts in Texas in 2017. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
Sean Breen is a member of the Multi-Million Dollar Advocates Forum, a renowned legal organization whose membership is restricted to trial attorneys who have achieved seven-figured settlements and/or jury verdicts. 2011.
We are proud to have Sean Breen who is a member of the Million Dollar Advocates Forum. In order to become a member, an attorney must demonstrate that he or she has successfully achieved at least one six-figure settlement or jury verdict. 2011.
Martindale-Hubbell® is widely regarded as one of the most renowned peer-review rating organizations in the legal field. Randy Howry (2018), Sean Breen (2001), Tim Herman (1998), Glen Wilkerson (2014) and Chris Lavorato (2014) at Howry, Breen & Herman have achieved the organization’s highest distinction of AV Preeminent®.
Each year, Super Lawyers® magazine publishes its list of peer-nominated/evaluated and independently reviewed attorneys. We are proud to have attorneys who have been selected for inclusion in the prestigious Texas Super Lawyers® List, by Thomas Reuters since 2003, running through 2020.
Membership in Top American Lawyers is limited to only 1% of all attorneys in the United States. Randy Howry is proud to be honored with a Lifetime Charter Membership in this exclusive organization (2017).

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