Poston focuses his practice on design and construction, alternative dispute resolution and employment matters. He has represented general contractors, subcontractors, midsized companies and individuals in negotiating contracts, employment and dispute resolution matters.
Served as first chair and successfully defended temporary injunction against employee alleged to be in breach of noncompete agreement and his new employer, resulting in entry of injunction with no meaningful restrictions on individual’s employment and subsequent voluntary nonsuit of all claims.
Served as second chair in two-day jury trial in federal court, representing Chinese manufacturer of oil and gas materials in a claim against an American distributor for nonpayment, resulting in judgment in client’s favor for $950,000. Conducted voir dire, presented opening statement and closing argument.
Served as second chair in four-day jury trial in state court, representing steel manufacturer and steel erector, obtaining verdict in favor of client. Conducted opening statement and cross-examination of professional engineer.
Defended general contractor against payment claim by subcontractor in mediation/arbitration, resulting in settlement of claim with no payment.
Represented Tennessee-based industrial company in concerted activity investigation by the National Labor Review Board that resulted in a finding of no violation.
Successfully defended municipal entity in response to overbroad and harassing public records requests.
Successfully 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 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. 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.
Successfully 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.
Successfully argued a motion for 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.
Presentations and Publications
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.