Benton Wheatley

Benton is a seasoned attorney with decades of experience representing clients across the construction, engineering, and real estate industries. His practice focuses on construction and engineering disputes and transactions, fiduciary responsibilities in private equity investments, and advising REITs and private equity firms on purchaser rights. Drawing on his deep understanding of industry dynamics, Benton handles complex matters with strategic insight and precision. He is a frequently published author in leading legal publications, where he writes on construction law and related issues for the American Bar Association's The Construction Lawyer and the State Bar of Texas's The Construction Law Journal.

In addition to his construction-focused practice, Benton represents clients in administrative proceedings involving the construction and design industries, as well as in environmental and commercial litigation matters.

Prior to joining the firm, Benton was a Partner at an international full-service law firm, where he managed a wide range of sophisticated disputes and transactions. His experience includes complex delay and impact claims, significant experience drafting contracts and leading dispute resolution proceedings for Engineering, Procurement, and Construction ("EPC") projects, defective design and construction disputes, differing site conditions, fiduciary duty matters, and project workouts involving mediation, litigation, and arbitration. He has also advised clients on mitigating risk in passive limited partnership investments related to construction projects and engineering contracts.

Benton previously served as Assistant General Counsel for a large international architectural and engineering firm, where he addressed project delivery issues across all fifty U.S. states, as well as Mexico, Venezuela, Bolivia, Brazil, and Argentina. This extensive in-house and private practice experience enables him to navigate the full spectrum of challenges faced by clients in the construction and engineering sectors.

Benton earned his J.D. from the University of Oklahoma College of Law and his B.A. from the University of North Carolina at Chapel Hill.

Community & Professional

• American Arbitration Association Roster of Construction Neutrals, Panel Member
• American Inns of Court, Master Emeritus, (1992-Current)
• American Red Cross of Central Texas 
  • Board Member (2005-2010)
• Board Certified in Construction Law by the State Bar of Texas Board of Legal Specialization
• Folds of Honor Foundation (2008-Present)
  • Central Texas Chapter, Founder and Board of Directors (2011-Present)
  • Board Chair (2011-2018)
• American Bar Association
  • Forum on Construction Law
• Austin Bar Association
  • Breakfast with the Judiciary Chair (2011-2012)
• Association of General Contractors, Central Texas Chapter
  • Legal Affairs Committee, Member (2011-2016)

• Lead counsel for private equity subsequent purchaser of $80,000,000.00 high end, mixed-use multifamily project in San Antonio, in claim against general contractor and subcontractors, for construction defects.  As lead counsel, managed 2 year forensic and remedial process.  Also as lead counsel, guided client through an 18-day arbitration proceeding with seven defendants.  Prior to issuance of the arbitration award, the matter was settled for $39,000,000.00.

• Lead counsel for private equity subsequent purchaser of $80,000,000.00 high end, mixed-use multifamily project in San Antonio, in claim against architect and design team for design defects.  As lead counsel, obtained "policy limits" settlement with architect.
• Lead counsel for private equity owner of building program involving high-end self-service car washes, where general contractor wrongfully terminated contracts on 4 projects and placed mechanics liens on those projects.  As lead counsel, managed 15 month "work-out" project with the following accomplishments:  

  • Non-Arbitration Accomplishments:

    • Over 85 Subcontractor Claims resolved;
    • 50 Liens and related releases obtained and properly filed;
    • 100 Conditional Release Agreements;
    • 24 Unconditional Waivers;
    • 70 Subcontractor wires; $2,396,797.28 paid to Subcontractors;
    • Settlement and/or dismissal of 9 lawsuits filed by Subcontractors;

  • In addition, as lead counsel succesfully prosecuted a week long arbitration where the following client goals were accomplished.

  • Arbitration Accomplishments:

    • Defeated Claimant’s affirmative claim for damages in the amount of $3,111,189.51.
    • Defeated Claimant’s claim for Prompt Pay Interest in the amount of $783,786.44.
    • Defeated Claimant’s claim to foreclose lien on Project 1;
    • Defeated Claimant’s claim to foreclose lien on Project 2;
    • Defeated Claimant’s claim to foreclose lien on Project 3;
    • Defeated Claimant’s claim to foreclose lien on Project 4;
    • Defeated Claimant’s claim for $460,000 in attorney fees and costs
    • Obtained positive damage award on client's affirmative claim in the amount of $156,000.
• Lead counsel for Dallas-Fort Worth area general contractor in wrongful termination dispute with owner over the construction of a multi-family project in the South Oak Cliff neighborhood of Dallas.  After a 9 day jury trial in Dallas County District Court, obtained jury verdict defeating the owner's $4,500,000 breach of contract claim, along with verdicts defeating owner's claims for fraud and trust fund violations against individuals and ownership entities of the general contractor.  Also, obtained jury verdict that owner wrongfully terminated the contract and damage award of $1,400,000.00.

• Obtained a $7.9 million arbitration award for a limited partner who is a majority equity investor in the construction and operation of a high-end living community for adults with intellectual and developmental disabilities for breach of contract and breach of fiduciary duties.

• Represented alternative energy company owner in drafting and negotiating multitiered EPC agreements for design and construction of Houston, Texas, facility to convert non-carbon-based potential energy source into clean energy.
• Represented large Texas infrastructure engineering company in drafting and negotiating national contracts for delivery of state-of-the-art QA/QC engineering and software services on "mega-projects" at LAX International Airport and in Texas, Massachusetts, Utah, Arizona, and Georgia.
• Represented major Austin, Texas, contractor in drafting and negotiating contracts for projects on brownfield site in downtown Austin for remediation and remodel of city-owned 1930s Works Progress Administration power plant into office space, with a 30-story condominium tower, a 10 story mid-rise tower, and a five-level underground parking garage connecting the three structures with a plaza and outdoor space, on site owned by the City of Austin.
• Pro-bono representation of not-for-profit owner in the development, design, and construction process for the "Compton Country Club Initiative" in Compton, California.
• Represented Texas contractor in resolving delay and impact claims between it and owner of historic high-rise hotel remodel project in downtown Ft. Worth, Texas.
• Resolved multi-tiered project close-out dispute on affordable housing project in Houston, Texas for affordable housing developer client.
• Represented a joint venture which included an Engineering News-Record top five firm, managing the legal issues and relationship with a City of Austin, Texas governmental agency owner during completion of $180 million-plus Tax Increment Financed (TIF) engineering, procurement civil infrastructure project to solve downtown Austin flooding issues, create major new civic outdoor space, and take 40 acres of downtown Austin out of FEMA flood plain for high-rise development that experienced significant delays and defects; then resolved a $40 million claim by the governmental agency owner against the client for a fraction of the claim via an "early" mediation process conducted virtually.
• Managing counsel for national engineering firm in a claim brought against it by Connect 202 Joint Venture in Phoenix, where the project designer/builder alleging overbilling on the largest civil infrastructure project in Arizona history.
• Defended the City of Sugar Land, Texas, against a wrongful termination claim by a specialty contractor on a $75 million performing arts center and prosecuted third-party claims against others involved in the circumstances leading to the termination; resolved the matter for a fraction of the claim value.
• Represented Methodist Retirement Communities, a faith-based, mission-driven senior living facility spanning thirteen communities in nine Texas cities, in securing an insurance policy limits settlement against an architect and its structural engineer. The settlement, relating to significant structural design defects at a retirement center, came without the client having to file for dispute resolution.
• Represented Peabody General Contractors as lead counsel in formulating price escalation claim on a City of Austin infrastructure project, as result of price escalation as a resultion of Winter Storm Uri.
• Represented global professional services firm RPS Group PLS, as lead counsel, in defending engineering malpractice claim in excess of $10 million concerning platting and entitlement for very large residential development in Dallas/Fort Worth area.
• Representing Flintco, LLC, as lead counsel in a major claim against an electrical contractor who walked off a high-profile project in Oklahoma, costing Flintco approximately $5 million in increased project costs.
• Representing Farmer Bros. Co., a coffee-focused foodservice company based in Texas, in connection with damage to its headquarters/manufacturing/warehouse facility; working with the client through the forensic process, and engaging with the designer/builder to determine the proper fix and hopefully resolve the costs without litigation.
• Lead counsel in a matter where the general contractor client terminated a construction contract to build a luxury apartment complex for an owner, due to non-payment.
• Representing a holding company of large healthcare REIT Omega Healthcare in a claim of fraud, breach of contract and alter-ego against the seller of a healthcare facility which has significant foundation defects that were not properly disclosed as part of the sale.
• Successfully settled a major claim in Chicago on behalf of a prefabricated structural column specialty manufacturer that involved a potentially catastrophic structural failure on a high-rise project and demonstrated that the issues were caused by others.
• Managed cost recovery actions against subcontractors, on behalf of a major regional contractor, when institutional owner imposed liquidated damages on client.
• Prepared and negotiated design and construction contracts and oversaw entity formation and domestication for large institutional projects in Cochabamba, Bolivia; San Pedro Garza García, Mexico; Recife, Brazil; Buenos Aires, Argentina; and Caracas, Venezuela.
• Established on-site relationships with local counsel and local consultants in Cochabamba and La Paz, Bolivia, and Monterrey and San Pedro Garza García, Mexico, to assist with large institutional projects.
• Drafting design and construction contract language for owner, for use of Building Information Modeling (BIM) on a medical center project valued in excess of $300 million.
• Negotiated and drafted a series of complex, tri-party engineering contracts with public owner and private concession holder for services on a $1 billion road project.
• Managed contracts for design and construction in Latin America through a client's design and construction management office in Mexico City, Mexico.
• Defended potentially responsible party in Federal Court CERCLA Superfund Cost Recovery claim in two-week bench trial and obtained directed verdict on client's behalf.
• Defended a large contractor on claims of wrongful termination in a jury trial in federal court.
• Defended a structural engineer in a jury trial concerning design of structurally suspended slab/foundation. The client received a defense verdict.
• Defended Texas A&M University against a $3 million construction delay/impact claim. Not only did Texas A&M receive a defense verdict, but the University was awarded damages on its counterclaim.
• Prosecuted claims against construction company and construction manager, on behalf of retail project owner, as a result of construction defects in foundation.

• Prepared a Master Service Agreement and related documentation for the major expansion of an information technology company's data storage facilities in multiple U.S. locations.

• Represented hotel owner and obtained Federal Court ruling ordering arbitration clause against non-signatory construction company parent to arbitration. Claim on behalf of hotel owner against construction company and its parent in two-week arbitration, resulting in arbitration award in favor of owner client in the amount of $5,240,000.00. Federal Court confirmed award.

• Prepared a Master Service Agreement and related documentation for publicly traded company's expansion of its industrial production capacity.
• Prepared and managed multiple Design Build Agreements on behalf of a publicly traded company, consolidating its headquarters, manufacturing, and distribution facilities and relocating them from California and other US locations to North Texas.
• Prosecuted a multi-million dollar payment claim on behalf of a general contractor against a large, national retailer.
• Defended an engineering firm in a three-week design defect case in Galveston County, Texas, where the plaintiff's demand to the jury was $6.2 million. The client received a defense verdict on all the claims against it, while other defendants were found liable.
• Lead counsel in two-week jury trial on behalf of hotel owner against construction company and design firm. Settled with construction company during trial. Obtained jury verdict against design firm with significant damages and attorney fee awards.
• Served as panel chair on a large, international arbitration matter through the International Center for Dispute.

Recognition

• Best Lawyers in America for Construction Law, Construction Litigation, Commercial Litigation, and Alternative Dispute Resolution (2018-2026)
• Best Lawyers "Lawyer of the Year" for Construction Law, Austin (2024)
• Chambers USA: America's Leading Lawyers for Business, (2020-2025)
• Texas Bar Foundation, Life Fellow

• AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Selected Publications

• Co-author, "Balancing the Right to Repair With Evidence Preservation in Construction Defect Litigation," Construction Executive, 2026
• Co-author, “Managing the Money – Project Funding and Financing,” Representing the Project Owner – A Construction Lawyer’s Guide, American Bar Association, 2025
• Co-author, "Financing the Project - Lending, Private Equity and Alternative Sources of Funding," American Bar Association Forum on Construction Midwinter Meeting, January 16, 2025
• Co-author, “The Origin of the Law of Impossibility and Force Majeure in American Jurisprudence and Its Application to Covid 19 Claims,” Construction Law Journal, Winter/Spring 2024
• Author, "Private Equity in the Real Estate Development and Construction Industries," The Construction Lawyer, February 2023
• Principal Author, "Private Equity in the Real Estate Development and Construction Law Industries," Construction Law Journal, Volume 17, Number 2, December 2021

• Author, "Joint and Several Contractual Liability and Settlement Credits: A Look at the One Satisfaction Rule in Texas," State Bar of Texas, Construction Section, Annual Conference, March 2017

• Author, "The Attorney-Client and Attorney Work—Product Privileges: What Every Construction Lawyer Needs to Know," Construction Law Journal, Volume 14, Number 1, 2017

• Author, "Assignment Issues in Construction Contracts," Construction Law Journal, Volume 12, Number 2, 2016 (Texas Paper)

• Author, "Assignment Issues in Construction Contracts," The Construction Lawyer, Winter 2016 (National Paper)

• Co-author, "What's the Appeal of Arbitration? Overturning Arbitration Awards and the New Appellate Rules," American Bar Association Forum On Construction Annual Meeting, October 2015

• Author, "Design Professionals and the Economic Loss Rule," State Bar of Texas, Construction Section, Annual Conference, 2014

• "Navigating the Labyrinth of Consequential Damages in the Construction Industry: A History of and Legal Approaches to Living with Them," The Construction Lawyer, Summer 2013

• "The Universal Applicability of Pass-Through Claims to All Parties to a Construction Project," The Construction Lawyer, Winter 2012

• Author, "Living in a Material World," Construction Law Journal, Winter 2007

• Author, "An Introduction to Building Information Modeling," The Construction Lawyer, Fall 2007

• Author, "Defending Subrogation Claims in Design and Construction Cases," The Construction Lawyer, Summer 2005

Media Hits

• Featured in “Force Majeure & Impossibility for Covid-19 and Other Construction Claims,” ABA Construction Law Today Podcast, June 5, 2024
• Featured in “Private Equity in Construction,” ABA Construction Law Today Podcast, September 11, 2023

Selected Speaking Engagements

• Presenter, “Walking the Line: Managing Legal Risk Created by Strong Corporate Values,” Construction Super Conference, December 10, 2025
• Presenter, “Private Equity in the Real Estate Development and Construction Industries,” Tarrant County Bar Association Construction Section CLE, April 9, 2025
• Co-speaker, "Financing the Project - Lending, Private Equity and Alternative Sources of Funding," American Bar Association Forum on Construction Midwinter Meeting, January 16, 2025

• Speaker, "Joint and Several Contractual Liability and Settlement Credits: A Look at the One Satisfaction Rule in Texas," State Bar of Texas, Construction Section, Annual Conference, March 2017

• Speaker, "What's the Appeal of Arbitration? Overturning Arbitration Awards and the New Appellate Rules," American Bar Association Forum On Construction Annual Meeting, October 2015

• Speaker, “Design Professionals and the Economic Loss Rule,” State Bar of Texas, Construction Section, Annual Conference, 2014