 OverviewNicolas’ practice focuses on commercial litigation, with an emphasis on the construction industry. He has extensive experience representing owners, general contractors, subcontractors and design professionals with various aspects of commercial construction projects, including drafting and negotiating contracts, design and construction defect litigation and other matters related to dispute management and avoidance. Nicolas previously served as a judicial intern for U.S. Magistrate Judge Andrew Austin in the Western District of Texas. Prior to joining Munsch Hardt, he served as an associate in the Austin office of a national construction law firm. ClerkshipsThe Honorable Magistrate Judge, Andrew W. Austin, United States District Court for the Western District of Texas (Judicial Intern) Memberships
- Associated Builders & Contractors
- Austin Bar Association, Construction Law Section (Board Member, 2021-2022)
- Austin Young Lawyers Association
- Barbara Jordan Inn of Court (Barrister, 2016-2018)
- State Bar of Texas, Construction Law Section
OverviewNicolas’ practice focuses on commercial litigation, with an emphasis on the construction industry. He has extensive experience representing owners, general contractors, subcontractors and design professionals with various aspects of commercial construction projects, including drafting and negotiating contracts, design and construction defect litigation and other matters related to dispute management and avoidance. Nicolas previously served as a judicial intern for U.S. Magistrate Judge Andrew Austin in the Western District of Texas. Prior to joining Munsch Hardt, he served as an associate in the Austin office of a national construction law firm. ExperienceConstruction + Design Defect Litigation: CondominiumsServed as lead associate and obtained a favorable settlement for the developer and general contractor in two, multi-year [more]Served as lead associate and obtained a favorable settlement for the developer and general contractor in two, multi-year construction and design defect lawsuits involving 200+ unit condominium complexes with alleged damages of more than $100 MM. [less]Construction + Design Defect Litigation: Retirement FacilityRepresented the national general contractor in a multi-year design and construction defect lawsuit alleging $250 MM in property [more]Represented the national general contractor in a multi-year design and construction defect lawsuit alleging $250 MM in property damages. The case involved the renovation and expansion of a continuing care retirement facility, which, following extensive discovery, depositions, appeals and dispositive motions, was successfully resolved. [less]Construction + Design Defect Litigation: Conference CenterServed as lead associate representing the owner in prosecuting multi-million dollar claims against design and construction [more]Served as lead associate representing the owner in prosecuting multi-million dollar claims against design and construction participants in connection with a conference center on Mustang Island, near Corpus Christi, Texas. Case resulted in a favorable settlement for the owner. [less]Construction Litigation: Higher EducationServed as lead associate representing the subcontractor in prosecuting a multi-million dollar claim against a national general [more]Served as lead associate representing the subcontractor in prosecuting a multi-million dollar claim against a national general contractor in connection with the construction of a higher education veterinary school. Case resulted in a favorable settlement for the subcontractor. [less]Construction Contract NegotiationRepresents owners, general contractors, subcontractors and design professionals in reviewing, revising and negotiating AIA and other construction contracts. Construction Management + Dispute AvoidanceRepresents owners, general contractors, subcontractors and design professionals in multiple litigation avoidance matters, [more]Represents owners, general contractors, subcontractors and design professionals in multiple litigation avoidance matters, including drafting and responding to demand letters, negotiating schedule and cost overruns and enforcing and preserving lien rights. [less]Significant Pre-Trial MotionsDrafted and orally argued a variety of pre-trial motions. Obtained multiple summary judgments for clients on the basis of limitations, release and other matters in [more]Drafted and orally argued a variety of pre-trial motions. Obtained multiple summary judgments for clients on the basis of limitations, release and other matters in several construction defect and commercial litigation lawsuits. [less]Significant Legal Research ExperiencePerformed significant legal research on a multitude of issues impacting construction and general commercial litigation, and has [more]Performed significant legal research on a multitude of issues impacting construction and general commercial litigation, and has drafted underlying motions and appellate pleadings in several published cases, such as: (i) In re Christianson Air Conditioning & Plumbing, LLC, 639 S.W.3d 671 (Tex. 2022); (ii) Pressil v. Gibson, 477 S.W.3d 402 (Tex. App.—Houston [14th Dist.] 2015, pet. denied); (iii) Maxwell v. Neri N. Am., No. 4:13-CV-269, 2014 WL 2441200, at *1 (S.D. Tex. May 30, 2014). [less]Commercial LitigationServed as second chair in two multi-week trials. One involved a dispute arising out of an asset sale of a grocery chain and another involved a business dispute.
NewsroomPress Release Article The Change Order Press Release Speech Texas Associated Builders and Contractors Speech Central Texas Subcontractor Association Speech HalfMoon AIA Contract Document Workshop Speech Central Texas Subcontractor Association Speech HalfMoon Managing Engineering Liability and Risk Seminar
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