Biography
Mr. Cahill is a civil litigation attorney with over 34 years of experience in the State and Federal Courts in Texas. His primary area of practice is professional liability and construction, representing architects, engineers, registered professional land surveyors and real estate agents and brokers. He also represents contractors and subcontractors and parties in a variety of construction related disputes. Over the past several years, he has also expanded his practice into a commercial and general litigation practice. He has handled cases throughout the state, before various state and federal courts, as well as numerous arbitrations.
In addition to representing clients in trial, pretrial and other court related matters, Mr. Cahill has given advice to numerous clients on risk management related issues, including before a project has even started. Mr. Cahill represents numerous design professional firms and other entities in contract negotiations and in preparing other project related documents. In connection with his real estate practice, he advises clients during transactions, when issues arise, on the various options to proceed which will allow the client to fulfill its obligations during a transaction, yet minimize risk.
Additionally, Mr. Cahill has represented clients before various licensing boards in Texas, including the Texas Board of Architectural Examiners, Texas Board of Professional Engineers, Texas Real Estate Commission and has handled numerous discrimination complaints under the Fair Housing Act and other legislation.
During the early 2000s, in coordination with a large carrier, Mr. Cahill has made several regional risk management presentations and now provides that on a client by client basis. He has spoken on contract negotiations and drafting at multiple national CLE conferences and has spoken at the State Bar of Texas Construction Law Conference.
Education
Baylor University, Bachelor of Arts (Pre-Law), 1983
Baylor University School of Law, Juris Doctor, 1984
Prior Legal Experience
Funderburk & Funderburk, LLP, 1984 – 1999 (Partner 1991 – 1999)
Hays McConn Rice & Pickering, PC (1999 – 2014; Managing Shareholder – 2013 – 2014)
LeClairRyan (successor to Hays McConn by merger) (2014 – 2018)
Memberships
State Bar of Texas; Construction Law Section
Houston Bar Association; Construction Law Section
American Bar Association; Construction Industry Forum; Litigation Section; Law Practice Division
Texas Association of Defense Counsel
Defense Research Institute (DRI); Construction Law Section (Steering Committee); Design Professional Special Law Group (Chair)
CLM
Speaker
- State Bar of Texas Construction Law Conference, March 2018
- “Privity: Trends of the Defense of Privity in Claims against Architects and Engineers,” Victor O. Schinnerer & Company’s Annual Meeting of Invited Attorneys, May 2014
- “Theories of Liability Against Architects and Engineers,” State Bar of Texas Basic Construction Law Course, 2013
- Moderator, “Trends in Architect and Engineer Claims,” DRI Construction Law Seminar, 2013
- “Defending the Design Professional - A Review of Statutory and Contractual Defenses,” DRI Construction Law Seminar, 2012
- Texas Association of Defense Counsel, Trial Academy, Demonstration of Cross-Examination of Plaintiff’s Expert
- “Defending the Design Professional with the Contract,” DRI Construction Law Seminar, 2003
- “Risk Management for the Design Professional,” Seminar, In Conjunction with CNA Insurance and Victor O. Schinnerer & Co., 2000 – 2003
- Numerous risk management presentations to various clients in fields of architecture, engineering, and real estate brokerages
Distinctions
- “AV” Preeminent rated by Martindale Hubbell
- Listed among The Best Lawyers in America® in Construction Law; Litigation - Construction
- Recognized as a Texas Super Lawyer by Law & Politics magazine in the area of Construction Litigation
- Fellow, Texas Bar Foundation, Life Sustaining
- Fellow, Houston Bar Foundation, Life Sustaining
- Baylor Bear Foundation
Reported Cases
- Tellepsen Builders, L.P. v. Kendall/Heaton Associates, Inc., 325 S.W.3d 692 (Tex.App. - Houston [1st Dist.] 2010)
- Steptoe v. True, 38 S.W.3d 213 (Tex.App. - Houston [14th Dist.] 2001)
- Knox v. Taylor, 992 S.W.2d 40 (Tex.App. - Houston (14th Dist.) 1999)
- Doddy v. Oxy U.S.A., Inc., 101 F.3rd 448 (5th Cir. 1996)
- Trussway, Inc. v. Wetzel, 928 S.W.2d 174 (Tex.App. - Beaumont 1996)
- Richard v. Cornerstone Constructors, Inc., 921 S.W.2d 465 (Tex.App. - Houston (1st Dist.) 1996)
- Aramco Services Co. v. Redland Fabricating and Welding, Inc., 752 S.W.2d 184 (Tex.App. - Houston (14th Dist.) 1988)
- Dubin v. Carrier Corp., 798 S.W.2d 1, 731 S.W.2d 651 (Tex.App. - Houston 1987)
Community Volunteering Activity
M.D. Anderson Cancer Center, Floor Host
Bo’s Place (HMRP Dinner Servers)
Braes Bayou Little League; President – 2003 – 2005; Board of Directors – 2000 – 2005
West University Little League; Board – 2006 – 2011
United Church Athletic League; St. Anne Representative; President and Chairman of Board of Directors – 1987 – 1989
St. Anne Catholic Church; Member; Pastoral Council – 1990, 1991 – 1994 (President 1994 – 1995); Usher
Coach – Braes Bayou Little League; West University Little League; Weekly YMCA; UCAL.
Personal
I have been married to my wife, Beth, since July 2003. Combined, we have 4 children who have made us empty nesters: Paige Benefield May, (Texas A&M, CPA, and working at PWC); John (Assistant Manager at the original Mia’s); Matthew (Baylor and working at PWC) and Jake Benefield (Texas A&M and about to start working at Vaughn Construction).
