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CYNTHIA TARI |
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GENERAL OVERVIEW
Cynthia A. Tari is a shareholder in
The Law Office of Cynthia A. Tari, PLLC. She holds professional degrees in
both law and architecture and has over 21 years of experience in the
construction community as a design professional and a construction
litigation attorney. Ms. Tari is an Advanced Credentialed Mediator through
the Texas Mediator’s Credentialing Association. She is on the litigation
panel of mediators for the Dallas County Courts and Dispute Resolution
Services of Dallas, the arbitrator panel for Construction Dispute Resolution
Services, and has been invited to join the Construction Panel of
Mediators/Arbitrators for the American Arbitration Association. Her
mediation style encompasses an evaluative theory, working with the specific
procedural and substantive issues of each case and the dynamics of the
parties to identify common interests and using creative settlement options
to generate a mutual resolution. As an arbitrator, Ms. Tari’s dual
background of industry experience and legal expertise make her uniquely
suited to understand the positions of all parties and arrive at a sound
decision based on the controlling contract, the legal issues, and the
evidence presented.
Ms. Tari’s architecture background
includes working at a large, internationally published firm in Boston,
Massachusetts as part of the skin team during design development and
construction drawing phases on two high-rise structures and during schematic
design identifying and recording existing conditions in three historical
renovations, all part of a city block development in Boston’s financial
district. She also worked on a mid-rise multi-use development in
Springfield, Massachusetts during construction administration with field
requests, change orders, and issuance of revised construction drawings. In
Houston, she worked for a mid-size firm on schematic design, design
development, and construction drawing phases of institutional, large-scale
residential, and infrastructure projects. She worked on design development,
construction drawings, bidding, and construction administration phases for a
small firm in Houston on many high-end single-family residence projects;
and, for an internationally published architect performing code reviews.
REPRESENTATIVE
EXPERIENCE
Representation of General Contractors
- Obtained jury verdict, including attorneys’ fees, on
behalf of general contractor against municipality for breach of contract
after public entity’s on-site inspector admitted during cross-examination he
had not treated the contractor fairly, had not administered the project
according to the terms of the contract, and had interfered with the
contractor’s means and methods.
- Settled $27 million complex construction defect
dispute over 24-story condominium project with severe, global brick distress
and water infiltration brought by Homeowner’s Association against general
contractor for $450,000 based on engineered and competitively bid
remediation plans submitted on behalf of client, aggressive pursuit of other
responsible parties, and successfully barring mold and interior damage
claims on statute of limitations defense.
- Settled $4 million death case asserted by family of
decedent against non-employer prime contractor for $200,000 based on OSHA
analysis and safety expert’s admissions made during deposition.
- Settled 11-party dispute involving major structural
beam failure occurring prior to substantial completion; obtained $244,000
for general contractor whose actual damages were $255,000.
- Settled $180,000 dispute between secured creditor of
bankrupt subcontractor and general contractor that had paid contract balance
to subcontractor’s vendors for $10,000 based on summary judgment motion.
- Settled $8 million dispute against general contractor
over water infiltration in multi-building apartment complex for $300,000
based on close observation of liability experts during remediation of the
project.
- Settled breach of contract/quantum meruit claim for
general contractor against municipality for twice the client’s value,
despite contract exculpating municipality from liability for differing
conditions and claims for extras.
Representation of Architects/Engineers
- Successfully defended architect at final arbitration
hearing against malpractice claims made by commercial owner for design of a
10-story parking garage and obtained $160,000 award for architect’s unpaid
fees on contract providing for recovery of services at an hourly rate, even
though client had not kept any time sheets evidencing his additional time..
- Settled multiple lawsuits brought by national bank
owner against architect asserting design defects and failure to coordinate
with owner’s separate contractors.
- Obtained complete dismissal of design professional
from the Fort Worth Water Gardens multiple drowning case prior to discovery.
- Settled malpractice claims against professional
engineer made by a Port Authority for design of a levee, which had failed.
- Settled design defect claims brought by municipality
and developer against civil engineer (client) based on attack of Certificate
of Merit arising out of allegations that engineer had improperly located a
48” water line easement and caused a home to be built within the easement.
- Frequently obtained dismissals of lawsuits filed
against architecture and engineering clients by attacking sufficiency of
Certificates of Merit.
- Coordinated peer reviews, cost of repair
investigations by experts, and settlement negotiations in multiple cases for
engineering clients to identify design defects, cost of repair, and level of
exposure to negotiate the most cost-effective settlement for clients.
Examples of projects affected include inadequate storm water design for
elementary school project; sloughing of three detention ponds in large
subdivision in Houston; improperly located easement and building setback
lines in subdivision resulting in home encroaching into water main easement;
and allegations of inadequate plans resulting in erosion of banks of central
pond in subdivision in McKinney.
Representation of
Subcontractors/Suppliers/Manufacturers
- Obtained dismissal of $18 million arbitration against
window manufacturing client in Motion to Stay Arbitration based on battle of
the forms argument negating plaintiff’s purchase order, which contained
arbitration provision, indemnification, and other onerous terms and
conditions. Dismissal included adjudication of arbitration and
indemnification clauses, barring owner’s pursuit of claims in district
court.
- Obtained summary judgment, including attorneys’ fees,
costs, and interest, on behalf of subcontractor for full amount of claim
against surety on insufficient bond claim prepared by client’s former
attorney.
- Settled $17.5 million severe water infiltration
dispute against stucco subcontractor (client) and others brought by
subsequent purchaser of eight-building apartment complex, despite general
contractor and client’s subcontractor refusal to settle or release claims
against client, by obtaining indemnification from plaintiff in exchange for
settlement.
- Settled $30 million dispute over 11-building
apartment complex in New Orleans with global water infiltration brought by
Homeowner’s Association against general contractor, stucco subcontractor
(client) and over 10 other subcontractors/suppliers based on
cross-examination of general contractor’s liability expert regarding
subcontractor’s scope of work and technical details of installation.
- Settled $3 million dollar claims brought by general
contractor against subcontractors, tile supplier (client), and design
professionals for $5,000 for severely cracked stone tiles in high-end mall
renovation project.
- Settled multiple lawsuits brought by individual
homeowners against stucco supplier (client) involving allegations of
defective products.
Representation of Owners/Developers/Construction
Managers
- Successfully defended homeowner at final arbitration
hearing against claims for extras by architect in design of high-end
residence in Houston.
- Successfully defended homeowner in final arbitration
hearing against general contractor claims for damages arising from alleged
wrongful termination and defamation.
- Successfully defended homeowner in final arbitration
hearing against general contractor claims for extra work on high-end
single-family residence.
- Settled multi-million dollar chemical exposure
personal injury dispute between construction manager (client), owner, and
two subcontractor employees for only $3,750 based on summary judgment
motion.
- Pre-suit investigation and analysis on behalf of
Regional Diocese of new church construction to review construction
administration documents regarding whether delays and fee dispute on project
were caused by Diocese’s representative, architect, or contractor and to
advise board on appropriate resolution.
EDUCATION
University of Houston Law School, Doctor of
Jurisprudence
1995
Rice University, Bachelor of Architecture.
1988
Rice University, Bachelor of Arts in Architecture.
1986
Publications/Speeches
Speaker, “Working Constructively: Using the
Collaborative Dispute Resolution Process in Construction Cases,” Joint
Meeting of Construction and Collaborative Law Sections, Dallas Bar
Association, November 3, 2011
Speaker, “Trends in Construction Defect
Litigation,” Harmonie Group, Chicago, June 1, 2011
Testified to Texas Legislature, In support of HB
958 – Proposed Bolstering of Statute of Repose, March 21, 2011
Speaker, “Tips from Arbitrators: How to Cut Costs
in the Construction Arbitration Process,” Harmonie Group, Atlanta, July 28,
2010
Author and Speaker, “Tips
from Arbitrators: How to Cut Costs in the Construction Arbitration
Process,” Harmonie Group, Atlanta, Nov. 19, 2009
Speaker, “The Recession’s
Impact on Construction Defect Claims and Litigation,” Harmonie Group,
Atlanta, Nov. 19, 2009
Speaker, Dallas Bar
Association, Legislative Update, September 3, 2009
Author, “Warranty Actions
Outside Consumer Protection Statutes,” For the Defense, August 2008
Author, “Documenting Extra
Work & Authorization,” Construction Executive, February 2008
Author, “Termination Pitfalls
and Procedures,” Construction Executive, November 2007
Speaker, “Ethics of
Mediation,” Texas Association of Defense Counsel, Winter Meeting, January
2007
Speaker, “Texas Civil
Engineers Professional Liability,” Half Moon Seminars, Irving, Texas,
January 20, 2005
Author, “Supreme Court Rules
in Favor of Pass-Through Claims/Liquidation Agreements,” Newsletter, Summer
2004
Speaker, “Ramifications of
ISO 9000 and its U.S. Equivalent,” ABA Annual Meeting, May 4-5, 2000,
Washington, D.C.
Author,” ISO 9000 in Design
and Construction,” The Construction Lawyer’s Toolbox, Vol. II, ABA
Publishing, May 2000
Author, “Arbitration and
Significant Changes in Recent Case Law and Rule Amendments,” Texas Institute
of Continuing Legal Education, February 1995
Assistant Editor, Texas Bar
Association Newsletter, August 1995 – August 1996
Author, “Harmonization
Necessary Under NAFTA for U.S. Construction Industry to Regain Position as
World Leader in Construction Exports over E.C. Competitors,” 17 Hous. J.
Int’l Law 105, Fall 1994
Co-Author, “Urban Design
Guidelines,” 1991 (joint venture project; on file with Houston METRO Transit
Authority)
Ghostwriter, monthly column,
Texas Construction 1995-1997
Professional
Associations
Dallas and Texas Bar Associations, Construction,
Litigation, and ADR Sections
American Institute of Architects, Associate Member
Admitted to practice in all state courts in Texas
Admitted to practice in the United States District
Courts for the Southern, Eastern, and Western Districts
Texas Mediator’s Credentialing Association,
Advanced Credentialed Mediator
Dispute Mediation Services – Attorney Mediator
Panel
Construction Dispute Resolution Services –
Arbitrator Panel
Steering Committee for ABA Forum on the
Construction Industry International Construction Division (1998-2000)