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“Namque si lex perite fuerit scripta; erit ut sine captione uterque ab utroque liberetur.” The Ten Books of Architecture; Vitruvius; First Century B.C.
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Cynthia Tari's practice is devoted primarily to construction law and professional liability for architects and engineers, including arbitration, litigation, and transactions. She handles all aspects of construction law matters involving both public and private projects, such as pre-litigation investigation, claims preparation and presentment, contract drafting and negotiation, and preparation of lien and bond claims. Cynthia also handles the following types of arbitration/litigation: prosecution and defense of claims for extras involving differing conditions, delay, wrongful termination, acceleration, and additional overhead. Cynthia defends property damage claims arising out of architectural/ engineering designs and construction defects. She is a certified mediator, with a focus on construction and professional liability disputes. |
| | | Representative Experience- Negotiated remediation to twenty-four story condominium project experiencing severe brick distress and global water intrusion, limited claimant’s recovery to cost of repair, and limited general contractor client’s contribution to cost of repair to approximately 10% of the remediation cost.
- Obtained dismissal of $18 million arbitration against window manufacturing client in Motion to Stay Arbitration. Dismissal included adjudication of arbitration and indemnification clauses, barring plaintiff's pursuit of claims in district court.
- Settled a $180,000 dispute between secured creditor of bankrupt subcontractor and general contractor (client) that had paid contract balance to subcontractor’s vendors for $10,000 based on summary judgment motion.
- Settled an eleven party dispute involving beam failure at mediation; obtained $244,000 for general contractor (client) whose actual damages were $255,000.
- Obtained $858,000 final judgment at trial against a municipality in favor of general contractor for breach of contract; $418,000 jury award for breach of contract; $175,000 attorneys’ fees. The jury also awarded the contractor $179,000 in quantum meruit damages for additional work.
- Successfully defended an architect 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.
- Successfully defended a nationwide trucking company against $4,000,000 personal injury claims of two burn victims, claiming chemical burns from tanker’s contents.
- Settled breach of contract/quantum meruit claim for general contractor (client) against municipality for $500,000, twice the value expected from the partner-in-charge, despite contract exculpating municipality from liability for differing conditions and claims for extras.
- Obtained full amount of claim, including fees, costs, and interest against surety on insufficient bond claim prepared by client’s former attorney by summary judgment
- 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.
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Obtained summary judgment against Plaintiff in multi-million dollar retaliatory discharge case; Plaintiff’s last settlement offer before judgment granted was $750,000.
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| | | Bar Admissions
- State Bar of Texas, 1995
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United States District Courts for the Southern, Eastern and Western Districts of Texas
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| | | Education
- Bachelor of Arts Degree from Rice University, 1986
- Bachelor of Architecture Degree from Rice University, 1988
- Juris Doctor Degree from the University of Houston Law School, 1995
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| | | Publications & Presentations
- Panelist, “Mentoring Women in Work and in Life,” TEXO Women’s Forum, September 2010
- Author, “Warranty Actions Outside Consumer Protection Statues,” For the Defense, August 2008
- Author, “Termination Pitfalls and Procedures,” Construction Executive, November 2007
- Co-author, "Profiles in Diversity — More Than Gender and Race: A Case Study of How One Law Firm Markets the Diverse Backgrounds of Its Attorneys," October 2005
- Author, “Supreme Court Rules In Favor of Pass-Through Claims/Liquidation Agreements”
- Speaker, Half Moon Seminars, Texas Civil Engineers Professional Liability, Irving, TX, January 20, 2005
- Speaker, “Legal Ramifications of ISO 9000 and its U.S. Equivalent,” ABA Annual Meeting, Washington, D.C., May 4-5, 2000.
- Author, “The Construction Lawyer’s Toolbox,” Vol. II, ISO 9000 in Design and Construction, ABA Publishing, May 2000
- Author, “Arbitration and Significant Changes in Recent Case Law and Rule Amendments,” Texas Institute of Continuing Legal Education, February 1995
- Editor, Houston Journal of International Law, Spring - Fall 1994
- 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
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Co-Author, “Urban Design Guidelines,” 1991;(part of joint venture project; on file with Houston METRO Transit Authority)
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| | | Memberships
- State Bar of Texas, Member, Construction Law Section
- Dallas Bar Association, Member, Construction Law Section; Member, Litigation Section
- Texas Bar Association, Member, Construction Section; Member, Litigation Section
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American Institute of Architects
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| | | Personal
Cynthia holds a professional degree in architecture. Prior to entering the legal profession, Cynthia worked in the architecture field with internationally recognized architects. In addition to her expertise in construction law, her designs and photographs have won national awards.
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