June Meeting with Elaine Howard and Ben Westcott

Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, C. Elaine Howard is a trial attorney focusing on real estate and construction disputes, commercial litigation, and employment law. Ms. Howard distinguishes herself by partnering with clients to determine litigation goals up front, to re-evaluate those goals as the litigation progresses, and to advise, inform, and counsel clients to obtain those goals. Ms. Howard frequently becomes involved in disputes at the pre-litigation stage, advising clients on economical workout strategies to resolve the issue, as well as reducing time and expense. Ms. Howard has significant first chair trial, as well as appellate, expertise. Her broad-based litigation practice allows her to understand the client’s business and practices in a wide range of industries. In the real estate and construction context, she has handled construction litigation (including delay, defect, design, lien and collection matters), title claims, landlord/tenant disputes, adverse possession, Fair Housing Act violations, easements, foreclosure on real and personal property, and disputes arising out of the acquisition of real property. With this background, she has a unique insight into liabilities for owners and developers of properties. In commercial litigation, she has handled numerous cases involving lending practices, disputes over multi-million-dollar notes, contract disputes, securities fraud, and insurance regulation including the representation of credit unions and commercial banks in a wide variety of matters. In the employment context, she has handled claims involving race, gender, religion, national origin, ethnicity, age, and disability discrimination and harassment. She has handled matters involving the FLSA, advising clients on its application, representing them in suits over wages, and in retaliation claims. She has been involved in numerous cases involving workers’ compensation retaliation, covenants not to compete, defamation, and breach of employment agreements. Ms. Howard advises her clients on risk avoidance, by reviewing and preparing employment policies, and advising on personnel decisions, such as employee leave, discipline, wages, and termination. She conducts workplace investigations and conducts employee training in anti-discrimination, sensitivity and diversity.

Board Certified in Construction Law by the Texas Board of Legal Specialization, Ben Westcott’s practice focuses on both transactional and dispute resolution aspects of construction law. He represents general contractors, subcontractors, suppliers and owners on substantial construction projects, including schools, public infrastructure, sports facilities, airports, petrochemical and industrial plants, highway projects, wastewater treatment facilities, multi-family projects, retail centers, hotels, hospitals and office buildings. His experience includes the prosecution and defense of a variety of construction-related issues before state and federal courts, as well as the American Arbitration Association, including matters related to payment disputes; scheduling claims; subcontract claims; design defects; mechanic’s liens; performance and payment bonds; differing site conditions; breach of contract; construction defect claims; delay and acceleration claims; and termination of contracts. Ben also drafts and reviews construction contract documents. Additionally, Ben maintains an active alternative dispute resolution practice mediating and arbitrating construction disputes, and is a member of the Panel of Arbitrators of the American Arbitration Association. The prestigious legal directory, Chambers USA, America's Leading Lawyers for Business, again recognized Ben as a leading construction lawyer for eleven consecutive years.