Galloway Johnson Tompkins Burr & Smith continues to deliver pragmatic construction defect representation in Texas that produces favorable results for our clients. Denise Lambert, Alexa Youssef, and Marissa Cantu of Galloway’s Houston office provided proactive client service and due diligence in securing a dismissal.
Construction Defect Case Background
In this case, the Galloway team were assigned the file just four weeks before a preferential trial setting. The matter involved a remodel of a high end home intended to be used as a short-term rental. Prior to our involvement, Plaintiffs had already settled with the general contractor and several subcontractors. The GC assigned all rights to the Plaintiffs, and at that point, Plaintiffs directly sued Galloway’s client, an HVAC subcontractor with a very limited scope.
Lambert, Youssef, and Cantu received 2 years worth of discovery but quickly highlighted several key defenses that were missed by previous attorneys, including that the case was filed in the wrong venue and the statute of limitations had long since expired. Additionally, the Galloway team uncovered that the Plaintiffs’ “expert” against our client was in fact someone who should have been added as a direct party, as they were responsible for installing the HVAC system.
There were serious flaws in the damages model that would likely prevent the Plaintiffs from recovering against Galloway’s client after the full offset was applied for the amounts recovered from the GC and other subcontractors.
Galloway immediately participated in mediation, made the defensive position known to Plaintiffs, and attempted to settle at a “cost of defense” on the eve of trial. When the Plaintiffs did not accept the offer, Lambert, Youssef, and Cantu took a tenacious and more aggressive position, removing all settlement offers from the table. They moved to continue the trial and advised Plaintiffs that they intended to proceed with the position pertaining to the statute of limitations, venue problems, and move to add their “expert” as a party to the litigation.
With the offers removed and the advisement that they would not be reoffered, Plaintiffs dismissed the case against our client without recovering any financial damages. The matter resolved, and Galloway’s client can focus on their business operations and objectives.
Galloway Construction Representation in Texas
Galloway attorneys represent clients in construction defect and defective work disputes that can threaten operations and financial stability. These matters often turn on technical standards, testing protocols, and competing views of liability, whether tied to discrete workmanship issues or broader construction defect claims. Galloway handles complex construction litigation across residential, commercial, and industrial projects, bringing experience and a focused, results-driven approach at every stage of the dispute.
Denise Lambert, Alexa Youssef, and Marissa Cantu serve clients from Galloway’s Houston office. Each delivers client-centered approaches, responsiveness, proven strategies, and business-minded counsel. Our Texas clients value our high-level litigation strategy, risk-sensitive recommendations, and commercial vision from our attorneys.
As demonstrated in this case, Galloway resolves claims efficiently while maintaining strong trial capability with the ultimate goal of favorable outcomes for our clients.
