Shawn W. Phelan

Shawn W. Phelan

Chairman of the Management Committee

Design Professionals

Overview

Shawn Phelan regularly represents design professionals in litigation throughout Texas. He has defended cases involving architects (commercial, residential, and landscape), civil engineers, structural engineers, mechanical engineers, construction managers, geotechnical engineers, surveyors, and design-build contractors.

Shawn’s clients have ranged from multi-national architectural and engineering firms working on multi-million dollar commercial and public works projects, to architects designing single family residences and small retail establishments. He also defends design professionals in administrative proceedings before Texas licensing regulators, and regularly consults with design professionals on contract issues and loss prevention measures.

Representative Experience

  • Obtained dismissal of claims against Colorado landscape architect on certificate of merit issue.
  • Obtained dismissal of claims against Minnesota structural engineer on jurisdictional grounds.
  • Represented national architectural firm in lawsuit involving the alleged defective design of a local courthouse.
  • Obtained dismissal of suit on behalf of structural engineer sued for errors in design of restaurant HVAC system.
  • Defended civil engineering firm in lawsuit by developer asserting errors in design of residential neighborhood preliminary plat.
  • Defended architect who designed “big box” retail establishment who sued owner for fees and drew a counterclaim for alleged design errors.
  • Obtained dismissal of lawsuit against North Carolina architect sued in Texas based upon lack of personal jurisdiction.
  • Defended structural engineer against claim that design error in remodeling of historic commercial building caused damage to owner.
  • Defended an architect sued for errors in design of hotel and alleged misrepresentations to owner regarding schedule for design work.
  • Represented prominent residential architect in claim asserted by homeowners.
  • Obtained summary judgment for civil engineer on claim asserted by homeowner and homeowners’ association for millions in damages as a result of alleged defective retaining walls.
  • Represented architect that designed local elementary school against claims asserted by school district and general contractor.
  • Obtained dismissal of claim against structural engineer who designed commercial building.