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Michael D. Textor

Transition Partner

Michael has a national trial practice that focuses on construction, design, and real estate.

For more than two decades, Michael has counseled major constituents in the construction industry, with a particular focus on representing general contractors, construction managers, design-builders and EPC contractors.Michael has extensive experience representing engineering and architectural firms with design liability issues and he often represents public and private developers, subcontractors and material suppliers in the construction industry.

He routinely guides his clients through complex construction disputes as they arise during construction. His work often involves:

  • Contract negotiation and drafting
  • Delay and disruption claims
  • Payment disputes
  • Defective design and defective workmanship claims
  • Mechanics' liens
  • Bond claims
  • Scope of work issues

  • Obtained dismissal with prejudice of concrete supplier's lien claim against Fortune 500 Retailer project in Kansas.
  • Obtained mechanics' lien judgment for ENR top 10 Contractor against national hotelier in Colorado. Successfully foreclosed on mechanics' lien and acquired the hotel property for client. Obtained personal guaranty from the principals of the owner and leveraged opportunity for favorable resolution for client.
  • Successfully defended Fortune 500 Company on roof defect claims related to large warehouse and office space in South Carolina.
  • Protected interests of engineer/developer on appeal of judgment entered for venture capital firm in Massachusetts.
  • Successfully defended construction manager against multi-party claims by hospital and subcontractors over $10 million, and successfully collected construction manager's claims against hospital in Kansas.
  • Obtained dismissal with prejudice and award of attorneys' fees against former business partner of client in Florida.
  • Obtained very favorable recovery for utility contractor against a municipal corporation for failure to pay the contractor balance for work performed where the municipal corporation terminated the contractor for convenience and counterclaimed for delay damages and costs to complete work required by the contract in Arkansas.
  • Obtained complete dismissal with prejudice of claims against pipe manufacturer in contractor's Federal lawsuit against municipality, engineer and pipe manufacturer in Oklahoma. Dismissal with prejudice without payment by client occurred prior to trial and after depositions of plaintiff's expert witnesses.
  • Obtained and collected mechanics' lien judgment for subcontractor for principal claim, plus interest and over $325,000 in attorneys' fees against Fortune 100 Company in Missouri.
  • Obtained and collected judgment, including interest and attorney fees, on behalf of industrial insulation contractor against Fortune 500 company.  After protracted litigation of mechanics lien claims court awarded the full claim, interest and attorney fees in favor of Mr. Textor’s client. 
  • Defended ENR top 10 engineering firm against claims over $100 Million related to alleged negligent design of project. Obtained complete dismissal with prejudice without payment of claims by client.
  • Represented universities, colleges and school districts, on multiple occasions, throughout property acquisition, construction and development of facilities.
  • Drafted all construction contract forms for use by a Fortune 500 company for all of its new construction projects.
  • Obtained and fully collected jury verdict, including principal claim, penalty interest and attorney fees, for a contractor against commercial project owner. 
    Successfully disqualified owner's expert witnesses and obtained directed verdict on owner's claim of defective construction.
  • Obtained and fully collected judgment for total claim, penalty interest and attorney fees, for a contractor in equitable mechanic's lien action on resort development project at Table Rock Lake. Represented all mechanics' lien holders in forcing bankruptcy trustee sale of the property, after owner filed bankruptcy, which netted proceeds over the mechanics' lien claims, penalty interest and attorneys' fees.
  • Successfully resolved, through mediation, claims against a design engineer on sewer collection system project. Municipal owner claimed design defects caused premature corrosion of sewer pipe resulting in damages exceeding several million dollars.
  • Obtained complete defense verdict for a design architect on claims of improper design due to roof collapse from snow load.
  • Defended, and favorably resolved, professional negligence claims against engineer related to building stabilization evaluation and recommendations.
  • On numerous occasions, successfully represented contractors in suits against school districts, municipalities and other public and 
    private owners.
     

  • Construction Lawyers Society of America™, Charter Fellow, 2017-present
  • The Best Lawyers in America®, 2010-2019 Construction Law, Litigation-Construction
  • Missouri/Kansas Super Lawyers® "Rising Stars," 2008-2010