R. Kelly Donaldson
R. Kelly Donaldson has practiced construction law in Texas since 1986. Mr. Donaldson represents clients involved in project development, design, procurement and construction. Successful projects require thorough planning, proper risk allocation, comprehensive contract documents and efficient resolution of disputes. Mr. Donaldson assists clients with these requirements.
Mr. Donaldson represents owners, contractors, engineers, manufacturers & fabricators, lenders, sureties, subcontractors and suppliers. He has experience with projects related to energy (upstream, midstream & downstream); maritime design & construction; power generation; public works & infrastructure; schools & higher education; industrial; manufacturing; commercial; healthcare; church & religious organizations; multi-family and residential construction. Construction is complex-experience counts.
Representative Transactional Work
- Detailed Engineering and Design Contract for $2.2billion offshore platform in St. John's, Newfoundland.
- Engineering Services Agreement for maintenance and construction for nuclear power plants in several states
- Design-Build Contract for energy-related manufacturing and fabrication plant in Houston, TX
- Owner-Architect Agreement for new $3.8million custom home in Houston, TX
- Owner-Contractor Agreements (Cost of the Work Plus a Fee With A Guaranteed Maximum) for construction of new Catholic churches for the Archdiocese of Galveston-Houston.
- Design-Build Contract for new $20million corporate campus of an oil exploration company in Houston, TX
- Master Services Agreement for procurement of fabricated steel components for a refinery project in Pt. Arthur, TX
- Subcontract Agreement with EPC contractor to construct blast-proof control rooms in new chemical plant project in Pt. Neches, TX
- Owner-Contractor Agreements for construction of new schools in Texas using design-bid-build and construction management procurement methods.
- Energy Savings Performance Contract for public school in central Texas
Representative Dispute Resolution (No Litigation)
- Represented owner after contractor defaulted on multiple church projects in Harris County, TX. Issues to resolve included completion of work, unpaid subcontractors and suppliers, mechanics, and materialmen's liens, and defective work.
- Represented contractor in a dispute with the program manager for construction of multiple school projects. Issues included schedule delay, extra and additional work and environmental issues.
- Represented construction lender after owner's design-build contractor defaulted on a church project in Houston, TX. Problems included unpaid subcontractors and suppliers, questionable design, mechanics and materialmen's liens, and defective work.
- Represented homeowner of new custom home in The Woodlands, TX after homebuilder defaulted. The builder failed to pay the construction loan resulting in foreclosure by construction lender; Mr. Donaldson assisted client with the repurchase of the unfinished home after foreclosure, completion of the project, and resolution of numerous violations of neighborhood association regulations by builder.
- Represented industrial contractor after subcontractor default on refinery project in Pt. Arthur, TX. Problems included defective work of defaulting subcontractor, unpaid suppliers and engagement of completion subcontractor.
- Represented county in East Texas in the restoration of a historical courthouse. Issues included non-responsive architect, defective design, failure of contractor to maintain project schedule, and defective work
Representative Jury Trials
- Represented contractor on industrial project in claim again engineer for delay, disruption, interference, additional and extra work. District Court, Jefferson County, TX. Jury held in favor of contractor.
- Represented industrial sandblasting and coating contractor in claim against coating manufacturer for delay damages and extra work due to defective coating. Jury held in favor of contractor.
- Represented owner of custom home in defective work claim against homebuilder in District Court, Hardin County, TX. Jury held in favor of homeowner.
- Represented industrial contractor who was accused of violation the Americans With Disabilities Act. Federal Court, Beaumont, TX. Jury held in favor of contractor.
- Represented steel erection contractor against the general contractor on 12 building prison project in Harris County, TX. Claims included delay & disruption, extra work and additional work
- Represented owner against an architect on the renovation and additions to a medical building. Claims involved defective design of the foundation system.
- Represented owner of custom home against homebuilder in claims of defective work, including moisture intrusion, improper site work, defective placement of concrete and numerous violations of the International Residential Code.
- U.S. District Court Eastern District of Texas
- U.S. District Court Southern District of Texas
- U.S. District Court Northern District of Texas
- U.S. Court of Appeals 5th Circuit
- Southern Methodist University School of Law, Dallas, Texas
- Juris Doctor - 1986
- Southern Methodist University
- Bachelor of Arts - 1979
Honors and Awards
- AV rated by Martindale-Hubbell
- Listed in Best Lawyers in America in construction and surety law
- Named as a Superlawyer in construction and surety law
Professional Associations and Memberships
- Construction Law Section of the State Bar of Texas (since inception); Governing Council 1997-2000
- Construction Law Section of the Houston Bar Association (since inception)
- Associated General Contractors of America (30+ years)
Activities of Faith
- St. Anthony of Padua Catholic Church, Archdiocese of Galveston-Houston