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Mediator Resume

Jacob D. Thomas, Esq.

Jacob D. Thomas, Esq.

Professional Summary

Business litigation attorney. Board certified in construction law by the Texas Board of Legal Specialization. Primarily represents owners, general contractors, subcontractors, and suppliers in residential and commercial construction disputes. In addition, handles complex business litigation, often involving disputes between shareholders/members. An experienced litigator representing clients before juries in courtrooms throughout Texas, as well as in private arbitrations.

Current Employer-Title

Saunders, Walsh & Beard - Partner

Profession

Attorney, Mediator

Work History

Partner, Saunders, Walsh & Beard, 2012-Present; Associate Attorney, Macdonald Devin, 2011-2012; Attorney, The Law Office of Jacob D. Thomas, 2009-2011, 2012; Associate Attorney, Nowak & Stauch, LLP, 2006-2008; Associate Attorney, Griffith & Nixon, PC, 2003-2005.

Experience

Decades of experience in construction disputes, defect claims, lien and bond claims, and general business litigation. Proficient in real estate disputes involving property transactions/ownership, premises liability, DTPA, and commercial leases. Extensive experience resolving conflicts arising from business operations and management.

Mediator Experience

Served as a mediator in cases between builders and engineers, contractors and residential property owners, commercial tenants and landlords, buyers and sellers of residential real estate, and municipalities and general contractors, to name a few examples.

Representative Issues Handled as a Mediator

Construction contract disputes; perfection and enforcement of mechanic’s and materialman’s liens; statutory fraud; common law fraud; residential construction defects under the RCLA and DTPA; claims brought under the Texas Prompt Payment Act; membership/shareholder rights under company agreements and Texas Business Organizations Code.

Mediator Style & Process Preferences

Encourages parties to provide position statements in advance of mediation; will often speak with the attorneys prior to mediation. Goal is to gather as much information as possible prior to mediation in order to use time with the parties to work toward a resolution; strives to avoid spending time at mediation getting up to speed on the facts. At mediation, makes a point to discuss the facts and the application of the law to the facts. When identifying issues, will not hesitate to challenge the parties and their counsel. If the litigants’ personalities, not the law or the facts, are the reason for the ongoing conflict, respectfully and empathetically steers the litigants away from an emotional decision process and toward a rational one.

Technology Proficiency

Very proficient with Zoom. Familiar with Microsoft Teams (Zoom is preferred). Proficient with Excel and utilizing spreadsheets to simplify complex financial data or timelines.

Education

Baylor University School of Law (JD – 2003); The College of William & Mary (B.A., Philosophy & English – 2000).

Professional Licenses

Admitted to the Bar: Texas (2003); Texas State and Federal Courts (2003); United States Supreme Court (2010); Board Certified in Construction Law, Texas Board of Legal Specialization (2020).

Professional Associations

Collin County Bar Association; Construction Law Section of the Texas Bar Association; Litigation Section of the Texas Bar Association.

Recent Publications & Speaking Engagements

You Get What You Get and You Don’t Throw a Fit: Enforcement of the “As Is” Clause in Texas, Presented at the Texas Construction Law Conference in March 2022; Changes to Mechanic’s and Materialman’s Liens Law Effective January 1, 2022, Presented at the Collin County Bar Association in October 2021; Construction Law Basics: Virtual Contracts, Presented at the Texas Construction Law Basis Course in December 2020.

Compensation

Hourly Rate: Not provided Daily Rate: $5,750.00 Study Rate: Not provided Cancellation: Not provided Cancellation Period: 1 Days Comment: $2875/party for full day 2-party mediation & $1080/party for half day $2100/party for full day 3+ party mediation

Languages

English

Citizenship

United States of America

Locale

McKinney, Texas