Poston is a creative counselor, litigator and trial attorney with a particular interest in protecting and advancing business objectives through contract drafting and dispute resolution. He has substantial training and experience in the design and construction industry and in toxic tort disputes. He is intimately familiar with litigation, arbitration, mediation and appeals and is motivated to leverage each when it is appropriate or necessary to do so.
Poston is particularly fascinated by the contribution of the human element to fostering positive outcomes and enjoys developing elegant solutions for difficult situations.
Builder Servs. Grp., Inc. v. Taylor, No. 03-18-00710-CV, 2020 WL 5608484 (Tex. App. Sept. 17, 2020), review denied (Sep. 3, 2021). Reversed $1 million jury verdict with judgment rendered in favor of client for costs incurred in both trial and appellate court.
TRK Construction, LLC v. Renal Treatment Centers-Mid Atlantic, Inc., Case No. WD84091 (Mo. Court of Appeals, Western Dist., July 7, 2021). Successfully affirmed ~$2 million default judgment against defendant and its principal. Represented client in trial and appellate court.
Other Representative Matters
Obtained verdict in favor of steel manufacturer and steel erector in Texas state court jury trial.
Represented concrete subcontractor in multiple arbitrations arising from claims of defective concrete.
Represented property developer in arbitration against architect asserting claims of professional negligence for structural failures that appeared mid-construction.
Represented foreign manufacturer in Texas federal court jury trial against distributor for nonpayment resulting in judgment in client’s favor for $950,000. Conducted voir dire, presented opening statement and closing argument.
Represented employee in temporary injunction proceedings against claims alleging breach of noncompete agreement resulting in entry of injunction with no meaningful restrictions on individual’s employment and subsequent voluntary nonsuit of all claims.
Obtained summary judgment and dismissal of all claims for insulation installer against mother and five children asserting claims of defective installation and toxic exposure.
Obtained summary judgment in state court on behalf of a construction supplier in a lien foreclosure action under Chapter 53 of the Texas Property Code, resulting in foreclosure of the property and recovery of attorney’s fees.
Defended general contractor against payment claim by subcontractor in mediation/arbitration, resulting in settlement of claim with no payment.
Obtained temporary restraining order against employee in breach of noncompetition agreement on behalf of U.S. subsidiary of international pipeline producer, ultimately resulting in favorable settlement for client.
Represented lumber supplier in collection action, resulting in full payment of actual damages in excess of $650,000.
Represented general contractor in multiple arbitrations arising out of multifamily projects in Dallas, Texas, that generated disputes between general contractor and owner, and general contractor and subcontractors for defective work and non-payment.
Represented North Carolina subcontractor in the defense and prosecution of multiparty litigation in two states that arose from the renovation of an industrial facility in Harris County, Texas. Successfully negotiated resolution of all claims post-mediation, and before trial.
Defended special events center against claim by general contractor alleging unpaid and unauthorized change orders, and obtained a favorable mediated settlement for client.
Represented a concrete paving subcontractor in a claim against a concrete supplier to recover damages assessed by owner and general contractor related to defective concrete. Obtained favorable settlement for client in mediation.
Publications and Presentations
What's Cooking with Gas Stoves? Heath Effects, Regulations, & Litigation, Roux Webinar, May 16, 2023.
Construction Contractors Should Assert Lien Rights Carefully, Law360, April 27, 2020 (with Rick Shearer).
Standard of Care, Dispute Resolution, What Happens When You Are Sued? Understanding the Process and Interaction with Construction Law, Christopher Kelly Leadership Program, December 2019.
Strategies for Initial Phases of a Dispute, Associated Builders and Contractors Young Leaders Panelist, June 2018.
Change Orders vs. Construction Change Directives: The Devil is in the Details, The Construction Lawyer, Journal of the ABA Forum on Construction Law, Vol. 36, No. 1, Winter 2016.
There’s No Crying in Baseball, or Is There: Fairness Exceptions in Construction Contracts, State Bar of Texas Construction Law Conference, March 2015.