Benton

T. Wheatley

Shareholder
303 Colorado Street, Suite 2600
Austin, TX 78701-3924

Overview

Ben is the Managing Shareholder of the Firm’s Austin office and serves on the Firm’s Management Committee. Ben has more than 25 years of experience in litigating complex construction and environmental matters, negotiating and drafting construction and design contracts, master service agreements, serving as in-house counsel for an international design firm, and working on issues concerning the practice of architecture, engineering, and project construction in all 50 states, Mexico and South America. In January 2017, Ben was included in the inaugural class of lawyers board certified in construction law by the Texas Board of Legal Specialization. 

In addition to construction law matters, Ben handles administrative matters related to the construction and design industry, as well as environmental and commercial litigation. Most recently, Ben assisted a publicly traded company with the development, relocation and construction of its corporate, industrial and distribution facilities from Southern California to North Texas. 

Ben has practiced in a wide range of construction areas such as complex delay, impact, defective design, defective construction or differing site conditions claims involving mediation, litigation or arbitration, as well as problem project work-outs, including negotiating with sureties and owners. He also works on the drafting and negotiation of complex construction, design and engineering contracts and environmental issues concerning construction projects. 

Ben serves on the American Arbitration Association Roster of Neutrals for Construction cases. Additionally, he has significant experience in dealing with representation of corporations and professionals in claims before State of Texas administrative agencies, construction project lien and bond claims and project payment issues, performance, defaults, termination, warranty and liquidated damages disputes and jobsite injuries.

Education

Admissions

Achievements

  • Martindale-Hubbell® AV Preeminent®, Peer Review RatedTM
  • Folds of Honor Foundation, Central Texas Chapter (Founder and Board Chair, 2011- Present)
  • Woodward/White, Inc. – Best Lawyers in America, Texas’ Best Lawyers, Arbitration (2018); Best Lawyers in America, Texas’ Best Lawyers, Commercial Litigation (2018)
  • Memberships

    • American Arbitration Association (Construction Arbitration Panel Member, 2012-Present)
    • American Bar Association
    • American Inns of Court (Master)
    • Association of General Contractors, Central Texas Chapter (Member Legal Affairs Committee, 2011 - 2016)
    • Austin Bar Association (Chair of Breakfast with the Judiciary Committee, 2011- 2012)
    • Oklahoma Bar Association
    • State Bar of Texas, Construction Law Section (Editorial Board Member)
    • Texas Bar Foundation (Life Fellow)

Overview

Ben is the Managing Shareholder of the Firm’s Austin office and serves on the Firm’s Management Committee. Ben has more than 25 years of experience in litigating complex construction and environmental matters, negotiating and drafting construction and design contracts, master service agreements, serving as in-house counsel for an international design firm, and working on issues concerning the practice of architecture, engineering, and project construction in all 50 states, Mexico and South America. In January 2017, Ben was included in the inaugural class of lawyers board certified in construction law by the Texas Board of Legal Specialization. 

In addition to construction law matters, Ben handles administrative matters related to the construction and design industry, as well as environmental and commercial litigation. Most recently, Ben assisted a publicly traded company with the development, relocation and construction of its corporate, industrial and distribution facilities from Southern California to North Texas. 

Ben has practiced in a wide range of construction areas such as complex delay, impact, defective design, defective construction or differing site conditions claims involving mediation, litigation or arbitration, as well as problem project work-outs, including negotiating with sureties and owners. He also works on the drafting and negotiation of complex construction, design and engineering contracts and environmental issues concerning construction projects. 

Ben serves on the American Arbitration Association Roster of Neutrals for Construction cases. Additionally, he has significant experience in dealing with representation of corporations and professionals in claims before State of Texas administrative agencies, construction project lien and bond claims and project payment issues, performance, defaults, termination, warranty and liquidated damages disputes and jobsite injuries.

Experience

  • Master Service Agreement

    Prepared a Master Service Agreement and related documentation for the major expansion of an information technology company’s data storage facilities in 

  • Headquarter Relocation

    Prepared and managed multiple Design-Build Agreements on behalf of a publicly traded company, consolidating its headquarters, manufacturing and distribution

  • International Arbitration

    Served as panel chair on a large, international arbitration matter through the International Center for Dispute Resolution.

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