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2016 Anthony F. Constant Resume with Construction Cases Summary

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2016 Anthony F. Constant Resume with Construction Cases Summary

  1. 1. ANTHONY F. CONSTANT CONSTANT LAW FIRM 800 N. SHORELINE BLVD. ONE SHORELINE PLAZA – SUITE 2700 SOUTH TOWER CORPUS CHRISTI, TEXAS 78401 PHONE: (361) 698-8000 FAX: (361) 887-8010 EDUCATION: 1971 JD University of Texas School of Law 1971 Admitted to The State Bar of Texas 2008 Admitted to The State Bar of Georgia Admitted U.S. Court of Appeals, Fifth Circuit, Court of Appeals, State of Georgia and the U.S. District Courts, Southern, Eastern and Western Districts of Texas. EMPLOYMENT HISTORY: 1971-1973 TEXAS RURAL LEGAL AID 1973-1975 CANALES & GARZA, Associate 1975-1981 LAW OFFICE OF ANTHONY F. CONSTANT 1981-1983 EDWARDS & PERRY (partner) 1983-1986 EDWARDS, MCMAINS & CONSTANT (partner) 1986–1992 MCMAINS & CONSTANT (partner) 1992-1995 LAW OFFICE OF ANTHONY F. CONSTANT 1995-2004 CONSTANT & VELA (partner) 2004-present CONSTANT LAW FIRM (solo) PRACTICE AREAS OF CONCENTRATION: Insurance, Construction and Personal Injury. 1994-2016 Best Lawyers in America Martindale-Hubbell rating AV Board Certified - Texas Board of Legal Specialization Largest verdict in history of Jim Wells Co. ($80 Million), represented the Plaintiff, January 2001. Represented Edinburg ISD, Pharr-San Juan Alamo ISD, San Benito ISD, Rio Grande City ISD, San Diego ISD and Alice ISD in litigation over school construction defects. Total recovery exceeds $61 Million.
  2. 2. Tab 1 2 3 4 5 6 7 Sumary of Settlements involving Construction Cases San Benito ISD Edinburg ISD (2004.02.1 0) Edinburg ISD (2004.06.28) Edinburg ISD (2005.12.13) Pharr San Juan Alamo ISD (2005.08.01) Pharr San Juan Alamo ISD (2006.09.12) Pharr San Juan Alamo ISD (2006.09.25) Pharr San Juan Alamo ISD (2007.01.03) San Diego ISD (Gignac) 2008.07.16 San Diego ISD (S&P) 2010.09.15 Alice ISD (May 2014) Corpus Christi ISD v Wisznia** Tropical Texas Center for MHMR** TOTAL ** Denotes file is no longer available per records retention policy. $ 15,000,000.00 $ 20,370,000.00 $ 2,175,000.00 $ 215,000.00 $ 11,292,883.82 $ 310,000.00 $ 1,000,000.00 $ 154,998.34 $ 1,185,651.86 $ 4,500,000.00 $ 2,172,500.00 $ 2,000,000.00 $ 1,200,000.00 $ 61,576,034.02
  3. 3. SAN BENITO lSD
  4. 4. ~;§TTI;§MBNT STATEMENT SAN:SBNITO Consolidated Independent School District This Settlement Statementshows the calculation of'th.enet payment to be made to the SANJa:BNITO Conso1idated.llldepcmdent School Pistrlot out ofa !lettleme:ntoflitigation. by and agai&t Honeywell Internation~ Jnc. described in the ResolutionPassedbythe Board at the Speoial Called Meeting em the 31111 day ofAugust 2004 that approved and aeoepted that settlement. TOTAL RECOVERY Attomey,st ff;1es 40% ofthe Total Recovery Utigaticm Exptmses fJ.m!: DeferredPayment NETRBCOVERY To San Benito Consolidated Independent School Distclot $15,000,000.00 <$ 6.000,000.00> A:Pproved and Accepted this lZ,; day ofOctober 2004by ~SohooiDiotn<tby Its P.resi!ient ofthe Soard ofTrustees Mr. Oscar De La. )Juento
  5. 5. EDINBURG CONSOLIDATED lSD
  6. 6. EDINBURG CONSOLIDATED ISD: DATE RECOVERY 02-10-2004 $ 20,370,000.00 06-28-2004 $ 2,175,000.00 12-13-2005 $ 215,000.00 Total: $ 22,760,000.00
  7. 7. CAUSE NO. C-1093-02-E LANDMARK ORGANJZATION, LP. § § § § § § § § § § § § § § § § § § § IN THE DISTRICT COURT vs. EDlNBURG CONSOLJDATED INDEPENDENT SCHOOL DISTRICT and HIDALGO COUNTY, TEXAS EDINBURG CONSOUDATED INDEPENDENT SCHOOL DJSTRJCT vs. LANDMARK ORGANJZATION, L.P., LANDMARK ORGANlZATJON INC., LANDMARK ORGANIZATION OF TEXAS, lNC., V.A. ARCHITECTURE and RAY VARGAS 398TH JUDICIAL DISTRlCT SETTLEMENT STATEMENT This Settlement Statement shows the calculation of the net payment to be made to the Edinburg Consolidated Independent School District out of the settlements in this litigation previously approved by the Board of Trustees which settlements total $20,370,000. Litigation in this Cause continues against other Defendants and an additional separate Settlement Statement will be presented with regard to any recovery made against the remaining Defendants. TOTAL RECOVERY: Less: 40% Attorneys' fees:1 Less: Litigation Expenses NET RECOVERY Edinburg Consolidated Independent School District &Edinburg Consolidated Independent School District Public Facilities Corp: $20,370,000.00 <$8,148,000.00> <$"148,527.1 0> $12,073,472.90 Approved and accepted this t OJ:It day of. ~!l..~ 2004 by _Eu~ Gutierrez, Superintendent of Edinburg ClSD~"fi~, ~- T~ The fees will be shared and divided amongst the lawyers who have participated and continue to participate in the represeniation of the Edinburg CISD and the Edinburg CISD Public Facilities Corporation in lhe subject litigation. These lawyers are Constant & Vela, Rene Ramirez, Ricardo Palacios, Ricardo Rodriguez, Juan R. Molina, & Ricardo L Salinas.
  8. 8. LANDMARK ORGANIZATION, I...P. § IN THE DISTRICT COURT § ~ § § EDINBURG CONSOLIDATED § INDEPENDENT SCHOOL DISTRICT § § and § HIDALGO COUNTY, TEXAS § eDINBURG CONSOL!OATED § .INDEPENDENT SCHOOL DISTRlCT § . § vs. § § LANDMARK ORGANIZATION, L.P., § LANDMARK ORGANIZATION INC., § LANDMARK ORGANIZATION . § OF TEXAS, INC., V.A. ARCHJTECTUR~ § and RAY VARGAS · § 398TH JUDICIAL DISTRICT J..H!BQ seTTLEMENT STATEMENT !PARTIAL) This, Third Settlement Staten.-;;;:tlt (Partial) shows the calculation of the net payment to be made to the edinburg clonsolidated Independent School District out of a part of the !;lettlem~antsln thislitlgatlon prbviously approved by the Board of Trustees_ Litigation in this Cause cc.mtinuer:> against other Defendants and an additional separate Settlement Statement will b' presented with regard to any recovery made against the remaining Defendants.
  9. 9. Here is the catoulation of the ap~ropliate distribution of this partial sef.11ement TOTAL RECOVERY THlS DISTRISUTIG.)N: Less: Attorneys' fees, 40% of this partia11 distribution:1 Less: Litigation Expenses to date not p~eviously reimbursed: See attached listing Sub-Total: Plus: lntewest acorued from 0:3/31/04 thdu 05/31/04 as reported to us by American Bank: NET RECOVERY to Edinburg Consolid*ted Independent School District & Edinburg Consolrdated! Independent School District Public Facillties Corp: $2,175,000:00 <$738,000.00>2 < $2,254.91> $1,434,745.09 $8,051.52 $1,442,796.61 Approved and accepted this 2-$1' daY, of Jun~. 2004 by Eugenio Gutierrez, Supe!"intendent of Edinburg CISD. ' r ·-~ tierrez, Superintend dlnburg Consolidated Independent School District and as .A r!zed Representativ f Edinburg Consolidated Independent School District Public Facilities Corp 1 The fees will be shared and divided amongst the lawyers who have partiCipated and continue to participet~ in the representatloh of the Edinburg CISD and the Edinburg CISD Public Facilities Corporation in the subject lltibatlon. These lawyers are ConstMt & Vela, Rene Ral"fflrez, Ricardo Palacios, Ricardo Rodrigpez, Juan R. Molina, & Ri¢G~rdo L. Salinas. 2 This ls Jess than 40% because the lawyer$, took no fee on the $330,000. settlement with Eberle.
  10. 10. EXHIBIT 1 CAUSE NO. C-1093-02~E LANDMARK ORGANIZATION, L.P. § IN THE DISTRICT COURT § V$. § § EDINBURG CONSOLIDATED § INDEPENDENT SCHOOL DISTRtCT § § and § HIDALGO COUNTY~ TEXAS §. EDINBURG CONSOLIDATED § INDEPENDENT SCHOOL DISTRICT § § vs. § § LANDMARK ORGANIZATION, L.P., § LANDMARK ORGANIZATION INC., § LANDMARK ORGANIZATION § OF TEXAS, INC., V.A. ARCHITECTURE § and RAY VARGAS § 398TH JUDJCIAL DiSTRICT FINAL PARTiAL SETTLEMENT STATEMENT This Final Partial Settlement Statement shows the calculation of the net payment to be made to the Edinburg Consolidated Independent School District out of a part of the settlements in this litigation. Litigation in this Cause Is now concluded and this is therefore the last and final Settlement Statement In connection with this litigation. PAGE 1
  11. 11. EXHIBIT 1 Here is the calculation of the appropriate distribution of thls partial settlement: TOTAL RECOVERY THIS DISTRIBUTION: Less: Attorneys' feeS1 40% ofthis partial distribution:1 Less: litigation Expenses to date not previously reimbursed: See attached listing SubDTotal: Plus: Interest accrued from 06/01/04 thru 11/21/05 as reported to us by American Bank and First National Bank NET RECOVERY to Edinburg Consolidated Independent School District &Edinburg Consolidated Independent School District Public Facilities Corp: Approved and accepted this ~day of December, 2005 by Jose Luis Salinas, Superintendent of Edinburg CISD. $215,000.00 <$ 86,000.00> < $ 1,826.32> $127,173.68 $ 2,889.12 $ 130,062.80 J uis Salinas, Superintendent Edinburg Consolidated Independent School District and as Authorized Representative of Edinburg Consolidated Independent School District Public Facilities Corp The fees will be shared and divided amongst the lawyers who have participated and continue to participate in the representation of the Edinburg ClSD and the Edinburg CISD Public Facilities Corporation in the subject litigation. These lawyers are Constant & Vela, Rene Ramirez., Ricardo Palacios, Ricardo Rodriguez, Juan R. Mollna, & Ricardo L. Safinas. PAGE2
  12. 12. PSJA lSD
  13. 13. PSJA ISD: DATE RECOVERY 08-01-2005 $ 11,292,883.82 09-12-2006 $ 310,000.00 09-25-2006 $ 1,000,000.00 01-03-2007 $ 154,998.34 Total: $ 12,757,882.16
  14. 14. CAUSE NO. C·1038-02-G LANDMARK OROANIZAT.tON, L.P.. § Etal, § § ~ § § § PHARR SAN JUAN ALAMO § INDEPENDENT SCHOOL DISTRICT, § Etal IN THE DISTRICT COUR'... HIDALGO COUNTY, TEXJt.S 370t11 JUDICIAL D!STRT.CT I SETTLEMENT STATEMENT {PARTIAL) This Settlement Statement (Partial) shows the calculation of ]1e net payment to be made to the Pharr San Juan Alamo Independent School District as a result of the payment by Landmark of the Arbitration Award and as result of certain settlements with some of the other Defendants In this cause. T e total recovery to date from these sources equals $11,292,883.82. Litlgatlon against the remainlng subcontractors will continue ,,,d an additional eeparate Settlement Statement will be presented with regard Ito any recovety made agalnst the remaining subcontractors. Here ls the calculatlon of the appropriate distribution of this partial settlement: RECOVERY TO DATE: ($:4,000,0f:JO.OO) 1 exhibit A shows the source of these funds. 2 The District's attorneys have e,greed to reduce thelr fees owed to them by the District uhder the contract between the District and its attorneys, The actual fee owed under the co~tract is $4,517,153.63, which ls 40% ofthe total recovery.
  15. 15. Less: Litigation Expenses to date Recovery by PSJA after payment of Fees and Costs Total Interest Earned on all sums to July 18, 2005 $6,620f267.07 $ 19,1D1.q2 NET PARTIAL RECOVERY by PSJA as of July 18, 2005 $6,639,368.Q9 Approved and accepted this _!.st _day of August 2005 by 1 Arturo Guajardo, Superintendent, Pharr San Juan Alamo Independent ScHool District ~~Arturo GuajardO Superintendent of Schoors Pharr San Juan Alamo Independent School District 3 Cost Reimbursement Due to Constant & Vela is $450,215.60. The Di.stdc~ has previously paid from the settlement ftmds $222,401.25. These expenses are detailTd in the attached Exhibit B.
  16. 16. CAUSENO. C-1038-02-G LANDMARK ORGANIZATION, L.P.. § Etal, § § vs. § § § PHARRSAN JUAN ALAMO § ·INDEPENDENT SCHOOL DISTRICft § Etal IN THE DISTRlCf COURT HIDALGO COUNTY,TEXAS 3701&JUDICIAL DISTRICI' SbTILEMENI STATEMENT {PARTIAL) This Settlement Statement(Partial) shows the calculation of the net paymentto be made to the Pharr San Juan Alamo Independent School District as a result of the settlements wit11 some of the Defendanw in this cau$e. Tbe total recovery to date from these sources equals $310,000.00. Litigation against the remaining subcontractors will continue and an additional separate SettlementStatement will be presented with regard to any recovery made against the remaining subcontractors. Here is the calculation of the appropriate distribution ofthis partial settlement: RECOVERY FROM DEFENDANTS LISTED ON EXHIBIT A: $310,000.001 . -.-.. Less: Attorneys' fees Less: litigation Expenses to date Recovery by PSJA after payment of Fees and Costs ($124,000.00) ($17.361.S4Y~ $168,fi38.46 Approved and accepted this 12th day of§e;e!ember •2006 by Arturo Guajardo, Superintendent,Pharr San Juan Alamo Independent Scltool District ~~Arturo Guajardo SuperintendentofSchools Pharr San Juan Alamo Independent School District 1 Exhibit A.shows the source ofthese funds. 2 CostReimbursement Due to Constant & Vela is $17,361.54. These expenses are detailed in the attached ExhibitB. EXHIBIT 1
  17. 17. LANDMARK ORGANIZATION, L.P., § Etal, § § vs. § § § PHARR SAN JUAN ALAMO § INDEPENDENT SCHOOL DISTRICf, § Eta! IN THE DISTRICf COURT HIDALGO COUNTY1 TEXAS 370111 JUDICIAL DISTRicr S.EIJLEMENT STATEMENT (PARTIA.L} This SettlementStatement (Partial) shows the calculation of the net payment to be made to the Pharr San Juan Alamo Independent School District as a result of the settlement with N Cardenas Masonry. Inc. one ofthe Defendants in this cause. The total recovery to date from this source equals $1,000,000.00. Litigation against the remaining subcontractors will continue and an additional separate Settlement Statement will be presented with regard to any recovery made against the remaining subcontractors. Here is the calculation ofthe appropriate distribution of this partial settlement: RECOVERY FROM DEFENDANTS LISTED ABOVE: ~ess:Jtoarneys'fees Recovery by PSJA after payment of Fees $1.000,000.00 ($400.000.00) $600,000.00 Approved and accepted this 25th day of September 2006 by Arturo Guajardo, Superintendent, Pharr San Juan Alamo Independent School District ~~Arturo Guajardo Superintendent of Schools Pharr San Jmm Alamo IndependentSchool District •,,__ EXHIBIT 1
  18. 18. CAUSE NO. C-1038~02..0 LANDMARK ORGANIZATION, L.P., § Eta!, § § vs. § § § PHARR SAN JUAN ALAMO § INDEPENDENT SCHOOL DISTRICf. § Etal IN THE DlSTRICf COURT HIDALGO COUNTYI TEXAS 370~11 JUDICIAL DISTRlCf SEITLEMENT STATEMENT' CfARTlAL} This Settlement Statement (Partial) shows the calculation of the net payment to be made to the Pharr San Juan Alamo Independent School District as a result of the settlements with some of the Defendants in this cause. The total recovery to date from these sources equals $154,998.34. Litigation against the remaining subcontractors will continue and an additional separate SettlementStatement will be presented with regard to any recovery made against the remaining subcontractors. Here is the calculation of the appropriate distribution of this partial settlement: RECOVERY FROM DEFENDANTS USTED ON EXHIBIT A: $154,998.341 Less: Attorneys' fees Less: Litigation Expenses to date Recovery by PSJA after payment of Fees and Costs ($61,999.34) ($4,690.49i~ $88;108.51 -~rc/ -rApprovedand accepted this ~,_,~ day of. Cit:?. n.1t(d_~~ ~ 2007 by Arturo Guajardo, Superintendent, Pharr San J11an Alamo ndependent School District ~~Arturo. Guajardo Superintendent of Schools Pharr San Juan Alamo Independent School District 1 Exhibit A shows the source of these funds. 2 Cost Reimbursement Due to Constant & Vela is $4,690.49. These expenses are detailed inthe attached Exhibit B.
  19. 19. SAN DIEGO lSD
  20. 20. SAN DIEGO ISD: DATE RECOVERY 07-16-2008 (Gignac) $ 1,185,651.86 09-15-2010 (S&P) $ 4,500,000.00 Total: $ 5,685,651.86
  21. 21. CAUSE NO. DC-07-287 SAN DIEGO INDEPENDENT INDEPENDENT SCHOOL DISTRICT vs. RAYMOND GIGNAC, GIGNAC and ASSOCIATES, GIGNAC & ASSOCIATES, LLP a.nd SHW GROUP, INC. § § § § § § § § § IN THE 229th JUDICIAL DISTRICT COURT OF DUVAL COUNTY, TEXAS SETTLEMENT STATEMENT [PARTIAl"] This Settlement Statement !PARTIAL} shows the calculation of the net payment to be made t:o the San Diego Independent School District, after the deduction for payment of attorneys' fees and reimbursement of litigation expenses, as a result of the settlement with Raymond Gignac, Gignac and Associates, Gignac & Associates, LLP (hereinafter "Gignac"). The total recovery from Gignac is $1,185,651.86. Litigation against Satterfield and Pontikes Construction, Inc. is still pending in a different cause number. Here is the calculation of the appropriate distribution of this partial settlement; RECOVERY FROM GIGNAC: Less: Attorneys' fees 1: Less: Litigation Expenses Not Previously Reimbursecfl: NET RECOVERY by SDISD $ 1,185,651.86 $ 474,260.72 $ 102,346.48 $ 609,044.66 Approved and accepted this /{.g~ day of July, 2008 by Luis A. Pizzini, Superintendent, San Diego Independent School District Y!.. u~-~ini San Diego ISD Superintendent 1 The fee will be shared bclwccn the attorneys representing the District in this matter in accord with the agreements previously made. 2 Cost Reimbursement due to Anthony f. Constant is $!02,346.60 is detalled in the attached "Exhibit A."
  22. 22. CAUSE NO. DC-06-74 SAN DIEGO INDEPENDENT SCHOOL DISTRICT § § § § § § § § IN 229th JUDICIAL vs. DISTRICT COURT OF SATTERFIELD AND PONTIKES CONSTRUCTION, INC. DUVAL COUNTY, TEXAS SETTLEMENT STATEMF.NT This Settlement Statement shows the calculation of the net payment to be made to the San Diego Independent School District, after the deduction for payment of attorneys' fees and reimbursement of Htigation expenses, as a result of settlement with Satterfield and Pontikes Construction, Inc. and its Subcontractors (hereinafter "S&P"). The total recovery from S&P and its subcontractors is $4,500,000.00. Here is the calculation of the appropriate distribution ofthis settlement: RECOVERY FROM S&P AND ITS SUBCONTRACTORS: $ Less: Attorneys~ fees 1 $ Less: Litigation Expenses2 $ NET RECOVERY by SDISD $ 4,500,000.00 (1 ,800,000.00) (95,483,48) 2,604,516.52 Approved and accepted this 15th day of September, 2010 by Dr. Ignacio Salinas, Superintendent, San Diego Independent School Di.strict. . Ignacio Salinas San Diego ISD Superintendent 1 The fee wilt be shared between the attomeys representing the District in this mauer in accord with the agreements previously made. 2 Cost Reimbursement due to Anthony F. Constant is $95,483.48 is detailed in the al!ached "Exhibit A."
  23. 23. ALICE lSD
  24. 24. ALICE ISD: DATE RECOVERY 05-12-2014 (Womack) $ 930,000.00 05-12-2014 (Masonry) $ 160,000.00 05-19-2014 (Coym) $ 897,500.00 05-19-2014 (Tellez/JQ) $ 185,000.00 Total: $ 2,172,500.00
  25. 25. WOMACK SETTLEMENT STATEMENT This Settlement Statement shows the calculation of the net payment to be made to the Alice Independent School District, after the deduction for payment of attorneys' fees and reimbursement of litigation expenses, as a result of the settlement with LaMarr Womack, LaMarr Womack doing business as LaMarr Womack and Associates Architects, LaMarr Womack and Associates, L.P., LaMarr Womack and Associates Architects, Inc. (hereinafter "Womack Defendants") of all claims brought against the Womack Defendants in Cause No. 12~05-52283- CV and in Cause No. 13-08-52552-CV in the District Court of Jim Wells County, Texas. The total recovery from Womack Defendants is $931 ,0701• Here is the calculation of the appropriate distribution ofthis settlement: RECOVERY FROM WOMACK DEFENDANTS: Less: Attorneys' fees 2 $ 930,000.00 $ (372,000.00) Less: Litigation Expenses re AISD v Womack:/Moorhouse3 $ (160,625.73) Less: Litigation Expenses re AISD v Tellez4 $ (68,101.16) NET RECOVERY by AISD $ 329,273.11 trHJI Approved and accepted this~ day of~~;-~' 2014 by Dr. Grace Everett Superintendent, Alice Independent School District. Dr. Grace Everett AL.ICE ISD SUPER1NTENDENT 1 The precise number is $931,070 less any additional defense costs and expenses incurred by Defendants after April II, 2014. Jfpayment of more than $930,000. is received, that additional sum will be paid to the District. 2 The fee will be shared between the attorneys representing the District in this matter in accord with the agreements previously made. 3 Cost Reimbursement is detailed in the attached "Exhibit A." 4 Cost Reimbursement is detailed in the attached "Exhibit B."
  26. 26. COYM SJ'4:TJ=:J~M.ENTST~l'E.M..t~NT This Settlement Statement shows the calculation of the net payment to be made to the Alice Independent School District, after the deduction for payment of attorneys' fees and reimbursement of litigation expenses, as a result of the settlement with Pedro Anaya, Patrick Coyrn, Coym Rehmet & Gutierrez Engineering, L.P. and Coym Rehmet & Gutierrez, Inc. !hereinafter collectively "the Coym Defendants"! of all claims brought against the Coym Defendants in Cause No. 13-05-52283-CV and in Cause No. lJ-08-52552-CV in the District Court of Jim Wells County, Texas. The total recovery from Coym Defendants is $897,500.00. Here is the calculation of the appropriate distribution of this settlement RECOVERY FROM COYM DEFENDANTS: Less: Attorneys' fees 1 Less: Litigation Expenses re AISD v Womack/Moorhouse Less: Litigation Expenses re AISD v Tellez NET RECOVERY by AISD $ $ $ $ $ 897,500.00 (359,000.00) (-0-) (-0-) 538,500.00 Approved and accepted this day of May, 2014 by Dr. Grace Everett Superintendent, Alice Independent School District Dr. Grace Everett ALICE lSD SUPERINTENDENT 1 The fcc will be shared bctwt;cn the attorneys representing the District in this matter in accord with the agreements previously made.
  27. 27. CAUSE NO. 13-05-52283-CV ALICE INDEPENDENT SCHOOL DISTRICT § IN THE 79TH JUDICIAL DISTRICT PLAINTIFF § § V. § § LAMARR WOMACK, LAMARR WOMACK § OF JIM WELLS COUNTY, TEXAS DOING BUSINESS AS LAMARR WOMACK § AND ASSOCIATES ARCHITECTS, § LAMARR WOMACK AND ASSOCIATES, L.P., § LAMARR WOMACK AND ASSOCIATES § ARCHITECTS, INC., PATRICK COYM, § COYM REHMET & GUTIERREZ ENGINEERING § L.P.. COYM REHMEr & GUTIERREZ, INC. § f/k/a COYM REHMEr & GUTIERREZ § ENGINEERING, INC., MOORHOUSE § CONSTRUCTION. MOORHOUSE § CONSTRUCriON COMPANY, INC., § THE MOORHOUSE PARTNERSHIP, § TOM'S ASPHALT PAVING & SEPTIC TANK § SERVICE, INC.,J.N. SANFORD & SON, § DONNELLY & SONS, INC., § GARRETT CONSTRUCTION CO., § FINNEGAN CONSTRUCTION, INC., § A.Z. REBAR CONSTRUCTION, INC., § S.S. SMITH & SONS MASONRY. INC., § PORT ENTERPRISES, LTD., § PORT ENTERPRISES ROOFING, INC., § FLOOR COVERING SPECIALISTS OF SOUTH § TEXAS, LTD., and § FLOOR COVERING SPECIALISTS, INC. § DEFENDANTS § 79t" JUDICIAL DISTRICT SETILEMENISTAIEMJ!;Nt for A. Z. Rebar Construction, Inc. and Finnegan Construction, Inc. and S. S. Smith & Sons Masonry, Inc. This Settlement Statement shows the calculation of the net payment to be made to the Alice Independent Schoo.! District, after the deduction for payment of attorneys' fees and reimbursement of litigation expenses, as a result of the settlement with A. Z. Rebar Construction, Inc., Finnegan Construction, Inc. and S. S. Smith & Sons Masonry, Inc. (hereinafter "Masonry EXHIBIT
  28. 28. Defendants"). The total recovery from Masonry Defendants is $160,000.00. Here is the calculation of the appropriate distribution of this settlement: RECOVERY FROM MASONRY DEFENDANTS: Less: Attorneys' fees 1 Less; Litigation Expenses NET RECOVERY by AISD $ 160,000.00 $ (64,000.00) $ (0) $96,000. Approved and accepted this 121" day of May 2014 by Dr. Grace Everett Superintendent, San Diego Independent School District Dr. Grace Everett Alice ISD Superintendent 1 The fee will be shared between the attorneys representing the Di.stricl in this matter in accord with the agreemtmts previously made.
  29. 29. TELLEZ JASTER-QUINTANILLA S1~IILE_MENI_£'L~]]~MENI This Settlement Statement shows the calculation of the net payment to be made to the Alice Independent School District, after the deduction for payment of attorneys' fees and reimbursement of litigation expenses, as a result of the settlement with Agustin Tellez, Jr. and Jaster~Quintanilla San Antonio, LLP [hereinafter collectively the "Tellez JQ Defendants"! of all claims brought against the Tellez JQ Defendants in Cause No. 13-08-52552-CV in the District Court of Jim Wells County, Texas. The total recovery from the Tellez JQ Defendants is $185,000.00. Here is the calculation of the appropriate distribution of this settlement: RECOVERY FROM Tellez JQ Defendants: Less: Attorneys' fees 1 Less: Litigation Expenses re AISD v Tellez NET RECOVERY by AISD $ 185,000.00 $ (74,000.00) $ (-0-) $ 111,000.00 Approved and accepted this _fj_ day of May, 2014 by Dr. Grace Everett Superintendent, Alice Independent School District. Dr. Grace Everett ALICE lSD SUPERINTENDENT 1 The fee will be shared between the attorneys representing the District in this matter in accord with the agreements previously made. EXHIBIT"3"
  30. 30. CAUSE N0.02-03995-00-0-H CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT Plaintiff, v. WISZNIA & ASSOCIATES; EWING CONSTRUCTION CO., INC.; GPM ENGINEERING; THURMAN-FONDREN GLASS COMPANY; HAAS-ANDERSON CONSTRUCTION LTD.; KMR INTERIORS, INC.; WEATHERTROL, INC.; Defendants § § § § § § § § § § § § § § § § IN THE DISTRICT COURT OF NUECES COUNTY, TEXAS 347th JUDICIAL DISTRICT PLAINTIFF'S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: 1. This matter should proceed under Discovery Control Plan 3 pursuant to TEx.R.Crv.P. 190.4 and Plaintiff asks this Court to enter a Level 3 Discovery Control Plan. 2. The Defendant Wisznia & Associates is a corporation qualified to business in the State of Texas and may be served with citation by serving Andrew J. Lehrman at 711 N. Carancahua Street; Suite 1200; Corpus Christi, Texas 78411; by certified mail, return receipt requested. 3. The Defendant Ewing Construction Company is a corporation qualified to do business in the State of Texas and may be served with citation by serving its registered agent William B. Ewing at 905 Cantwell Lane; Corpus Christi, Texas 87408 by certified mail, return receipt requested.
  31. 31. 4. 5. 6. 7. 8. 9. The Defendant GPM Engineering is qualified to do business in the State of Texas and may be served with citation by serving its registered agent James Grigsby at 713 Bradshaw; Corpus Christi, Texas 78412 by certified mail, return receipt requested. The Defendant Thurman-Fondren Glass Company is a corporation qualified to do business in the State of Texas and may be served with citation by serving its registered agent Herbert R. Fondren at 4233 S.P.I.D.; Corpus Christi, Texas 78400 by certified mail, return receipt requested. The Defendant Haas-Anderson Construction Ltd. is a corporation qualified to do business in the State of Texas and may be served with citation by serving its registered agent Darryl 0. Haas at 1401 Holly Road; Corpus Christi, Texas 78415 by certified mail, return receipt requested. The Defendant KMR Interiors, Inc., is a corporation qualified to do business in the State of Texas and may be served with citation by serving its registered agent Kenneth M. Rives at 3637 Castle River Drive; Corpus Christi, Texas 78411 by certified mail, return receipt requested. The Defendant Weathertrol, Inc., is a corporation qualified to do business in the State of Texas and may be served with citation by serving its registered agent Lee Mahoney at 4411 Gollihar; Corpus Christi, Texas 78411 by certified mail, return receipt requested. Venue is mandatory in Nueces County, Texas pursuant to CPRC §15.011 because this action is for recovery of damages to real property. Venue is also proper in Nueces Cmmty under the general venue rule CPRC §15.002 because all or a substantial part of the events or omissions giving rise to the claims against the Defendants occurred in
  32. 32. 10. 11. Nueces County. Additionally, one or more defendants has its principal office in Nueces County, Texas. Also, one or more defendants has contracted with Plaintiff in writing to perform an obligation in Nueces County and this suit is instituted on or by reason of said obligation making venue in Nueces County proper pursuant to CPRC §15.035. Defendants each agreed to provide certain goods and services to the Plaintiff involving the construction of the Ella Barnes Elementary School which was completed in 1992 and is owned and operated by Plaintiff Corpus Christi Independent School District, but failed to use ordinary care in the construction of the school as required by law and by their agreements with the Plaintiff and as a direct result of their conduct, breach of warranty and breach of contract, the school has suffered physical damage to the school property and the Plaintiff Corpus Christi Independent School District has suffered substantial financial loss and loss of use. Such damages are within the jurisdictional limits ofthis Court. Plaintiff prays that upon trial the Plaintiff have judgment against the Defendants jointly and severally for actual damages including direct, incidental and consequential damages, for costs of court, for pre-judgment interest, and for all the other relief to which it is justly entitled. PLAINTIFF DEMANDS A JURY TRIAL. Respectfully submitted, CONSTANT & VELA 1570 Frost Bank Plaza Corpus Christi, Texas 78470 Telephone: (361) 698-8000 Telecopier: (361) 887-8010
  33. 33. ANTHONY F. CONSTANT ATTORNEY IN CHARGE State Bar No. 04711000 FILEMON B. VELA, JR. State Bar No. 20536025 1570 Frost Bank Plaza Corpus Christi, Texas 78470 Telephone: (361) 698-8000 Telecopier: (361) 887-8010 HUSEMAN & PLETCHER VAN HUSEMAN State Bar No. - - - - ANTHONY E. PLETCHER State Bar No. - - - - 600 Leopard Street, Suite 2100 Corpus Christi, Texas 78473 Telephone: (361) 883-3563 Telecopier: (361) 883-0210 PRUETT MOORE, III PRUETT MOORE, III; ATTORNEY AT LAW State Bar No. 14362225 1570 Frost Bank Plaza Corpus Christi, Texas 78470 Telephone: (361) 698-8000 Telecopier: (361) 887-8010 RENE RAMIREZ LAW OFFICE OF RENE RAMIREZ State Bar No. 16475600 1906 Tesoro Blvd Pharr, Texas 78577 Telephone: (956) 783-7880 Telecopier: (956) 783-7884 4
  34. 34. CAUSE NO. C-231-02-G TROPICAL TEXAS CENTER FOR § IN THE DISTRICT COURT MENTAL HEALTH AND § MENTAL RETARDATION § Plaintiff, § § v. § OF HIDALGO COUNTY, TEXAS § JAMES M. SKAINES, JR. § CORNERSTONE § ARCHITECTURAL SERVICE; § SALAZAR CONSTRUCTION, § INC., and TRI CITY STEEL & § FABRICATING, INC.. § Defendants § 370TH JUDICIAL DISTRICT PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: 1. This matter should proceed under Discovery Control Plan 3 pursuant to Tex.R.Civ.P. 190.4 and Plaintiff asks this Court to enter a Level3 Discovery Control Plan. 2. Defendant James M. Skaines, Jr. is an individual, who resides in Colorado, whose principal address is 7028 South Kline Way; Littleton, Colorado 80127. Defendant Skaines conducts business in the State of Texas without maintaining a regular place of business in Texas, is without a registered agent for service in this State, and may be served with process by serving the Texas Secretary of State pursuant to Sec. 17.044 of the Texas Civil Practices & Remedies Code. This proceeding arises out of the acts and business done by said Defendant in and affecting this State. 3. Defendant Cornerstone Architectural Services, Inc is a corporation duly incorporated in the State ofTexas and may be served with citation by serving its registered agent C. Michael Lawler at 864 Dent Street; Garland, Texas 75040 by certified mail, return receipt requested. (,?
  35. 35. 4. Defendant Salazar Construction, Inc. is a corporation duly incorporated in the State of Texas and may be served with citation by serving its registered agent Ismael C. Salazar at 2434 Sacky Drive; Corpus Christi, Texas 78467-7049 by certified mail, return receipt requested. 5. Defendant Ismael C. Salazar is a resident ofthe State of Texas and may be served with citation at his address located at 146 River Trail; Robstown, Texas 78380 by certified mail, return receipt requested. 6. Defendant Tri City Steel & Fabricating , Inc. is a corporation qualified to do business in the State of Texas and may be served with citation by serving its registered agent James Luther at P.O. Box 733, N. Sugar Road; Pharr, Texas 78577 7. Venue is mandatory in Hidalgo County, Texas pursuant to CPRC §15.011 because this action is for recovery of damages to real property. Venue is also proper in Hidalgo County under the general venue rule CPRC §15.002 because all or a substantial part ofthe events or omissions giving rise to the claims against the Defendants occurred in Hidalgo County. Also, one or more defendants has contracted with Plaintiffin writing to perform an obligation in Hidalgo County and this suit is instituted on or by reason of said obligation making venue in Hidalgo County proper pursuant to CPRC §15.035. 8. Defendants each agreed to provide certain goods and services to the Plaintiff involving the construction of the Tropical Texas Center for Mental Health and Mental Retardation but failed to use ordinary care in the construction of the Center as required by law and by their agreements with the Plaintiff and as a direct result oftheir conduct, breach of warranty and breach of contract, the Center has suffered physical damage to the Center's property and the Plaintiffhas suffered substantial financial loss and loss ofuse. Such damages are within the jurisdictional limits of this Court. 9. Plaintiff prays that upon trial the Plaintiffhave judgement against the Defendants jointly and severally for all its damages, for costs of court, for pre-judgement interest, and for all the other relief to which it is justly entitled. PLAINTIFF DEMANDS A JURY TRIAL. Respectfully submitted, CONSTANT & VELA 1570 Frost Bank Plaza
  36. 36. Corpus Christi, Texas 78470 Telephone: (361) 698-8000 Telecopier: (361) 887-8010 ANTHONY F. CONSTANT ATTORNEY IN CHARGE State Bar No. 04711000 FILEMON B. VELA, JR. State Bar No. 20536025 1570 Frost Bank Plaza Corpus Christi, Texas 78470 Telephone: (361) 698-8000 Telecopier: (3610 887-8010 PRUETT MOORE, III PRUETT MOORE, III ATTORNEY AT LAW State Bar No. 14362225 1570 Frost Bank Plaza Corpus Christi, Texas 78470 Telephone: (361) 698-8000 Telecopier: (3610 887-8010 RENE RAMIREZ LAW OFFICE OF RENE RAMIREZ State Bar No. 16475600 1906 Tesoro Blvd Pharr, Texas 78577 Telephone: (956) 783-7880 Telecopier: (956) 783-7884

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