William (Bill) I. Gardner
Shareholder

Email: bgardner@macdonalddevin.com

Direct Phone: 214. 651.3331

Direct Fax: 214.447.0942

Areas of Practice

Overview

Whether closing a deal, guiding clients through complex regulatory landscapes, protecting livelihoods, or resolving complex disputes, Bill Gardner works tirelessly to advance the interests of his clients. He strives to avoid needless litigation and the associated costs by resolving claims swiftly to the benefit of his clients.

With a keen eye for finding solutions that are positive from both a legal and business perspective, Bill represents businesses, entrepreneurs, and design professionals in complex litigation, construction, and land use matters throughout Texas. Bill’s practice focuses on construction litigation, government and private contracts, the defense of professional liability claims against design professionals, and overcoming regulatory obstacles faced by owners and developers in the use of land.

Bill’s construction practice encompasses all phases of the contracting process for public and private contracts, from bidding and contract negotiation throughout administration and performance, to claims and litigation.

A seasoned litigator, Bill brings his advocacy skills to disputes involving public and private contracts for the design and construction of governmental and commercial buildings, high-rise towers, hospitals, mixed-use developments and transportation infrastructure such as port facilities, passenger railways and highways. Bill resolves lawsuits involving corporate litigation matters on behalf of businesses, local entrepreneurs, globally-recognized design firms, and sole practitioners.

Bill also represents design professionals in complex litigation, disciplinary proceedings and sophisticated transactional matters throughout Texas. His extensive experience and success in professional liability matters has earned him inclusion on the Texas Rising Stars list for four years in a row. This honor, given to no more than 2.5 percent of the lawyers in the state, is reserved for attorneys 40 years or younger or in the first 10 years of their practice who have attained a high degree of peer recognition and professional achievement.

Bill earned his Juris Doctor degree from St. Mary’s School of Law after graduating from the Honors College at Baylor University. His experience and insights have made him a sought-after speaker and contributor on a wide range of subjects, and he is active in numerous professional organizations.

Bill is admitted to practice in all Texas state courts as well as the U.S. District Court for the Northern, Southern, Eastern, and Western Districts of Texas and the U.S Court of Federal Claims.

Representative Experience

Land Owners, Developers, and Builders

  • For prominent downtown Dallas property owner and developer: obtained multiple licenses from municipality for use of public right-of-ways for private business purposes.
  • For property owners and developers: structure and draft lease, maintenance, and development agreements with municipalities; negotiate and draft ordinances; negotiate the purchase of abandoned city property.
  • For noted preservationist and owner of historical buildings: protected nineteenth-century urban landmarks from damage caused by an encroaching demolition project through the forced negotiation of revised deconstruction methodology.
  • For property owners, developers and builders: negotiate with historic overlay districts and local landmark commissions regarding the adaptive reuse of property.

Architects, Engineers, Landscape Architects, and Land Surveyors

  • Representing a global Top 100 architectural engineering firm, reached a settlement in excess of seven figures against worldwide computer software provider for breach of contract and warranty
  • For an international architectural engineering firm: obtained dismissal upheld on appeal in lawsuit for multiple millions of dollars arising from a dispute involving a minority sub-consultant who was not selected to be part of a large transportation project  More…
  • For ENR Top-50 international engineering firm: member of defense team that obtained favorable settlement of geotechnical engineering firm involving the failure of a new wharf under construction on the Texas coast. More…
  • For ENR Top-15 international architectural engineering firm: acquired successful settlement (nuisance value) for architect in extensive construction delay of multimillion-dollar civic center.
  • For multi-family architecture firm: obtained dismissal of derivative work copyright infringement claims involving multiple senior living apartment complexes.
  • For ENR Top-150 international architectural firm: won favorable settlement (nuisance value) for renowned architect of record in building envelope failure of new high-rise tower.
  • For design professionals facing administrative proceedings and investigations: Successfully represented design professionals in disciplinary proceedings before the Texas Board of Architectural Examiners and the Texas Board of Professional Engineers.
  • For design professionals involved in sophisticated transactional matters: Negotiation and drafting of professional design service agreements in a manner to discourage litigation, ensure proper allocation of risk and safeguard design team members.
  • For engineer and engineering firm: Corpus Christi Court of Appeals reverses trial court denial of dismissal for failure to file a satisfactory certificate of merit in accordance with Chapter 150 of the Texas Civil Practice & Remedies Code resulting in dismissal of all claims against engineering clients.   More …

Business Owners and Entrepreneurs

  • For North American manufacturer of specialty bath products: obtained favorable settlement in breach of asset purchase agreement suit against Fortune 500 listed global manufacturer of bath & kitchen products.
  • For ENR Top-50 architectural engineering firm: won administrative hearing and trial against municipal transit authority regarding the proper allocation of overhead costs in engineering services contract.
  • For commercial real estate owner: won declaratory judgment action seeking removal of fraudulent lien and obtained clear title on behalf of owner.

Professional Affiliations

  • Texas Young Lawyers Association, Director
  • Texas Bar Foundation, Fellow
  • Dallas Association of Young Lawyers, past Director
  • Dallas Association of Young Lawyers Foundation, Fellow
  • Dallas Bar Association
  • State Bar of Texas
  • Defense Research Institute

Honors and Recognitions

  • Selected to the Texas Rising Stars list, published by Texas Monthly Magazine, Professional Liability, 2014–2017
  • Up-and-Coming 100 list of Texas attorneys, 2017
  • Texas Young Lawyers Association Keith L. Krueger Leadership Award, 2014
  • Dallas Association of Young Lawyers—One to Watch, 2008

Publications and Presentations

Rise of the machines: Texas Products Liability

April, 2019

Personal Injury Damages

April, 2019

Advancing your case through motion practice

April, 2019

Got the winter claims blues? Texas claims and slip and falls,

February, 2017

Sexual Assault Survivors Guide – Contributor

January, 2017

Builder’s Risk Insurance: Utilizing Builder’s Risk Policies to Help Settle Construction Defect Cases, June 2016

June, 2016

• Builder’s Risk Insurance: Utilizing Builder’s Risk Policies to Help Settle Construction Defect Cases, coauthored May, 2016 Eagles International Associates

May, 2016

Liens: Do I really need to pay this? Again? (Co-author with Paul W. Bennett)

April, 2016

Texas Supreme Court Update (Co-authored with Doug Fletcher)

January, 2016

Texas evidence flashcards (co-author)

January, 2016

Arbitration: Do You Really Want It?, HR Southwest Conference, November 2015

November, 2015

Proposed Regulations Clarify the Meaning of a Safe Drilling Margin in the OCS, Offshore Magazine

July, 2015

The Macondo Litigation in a Nutshell, LOGA Industry Report

June, 2015

BP Oil Spill Lessons Learned, Energy Executive

April, 2015

No Good Deed Goes Unpunished: Document Preservation Notice May Violate SOX, HCCA – Compliance Today, June 2015

March, 2015

Pregnant Pause: U.S. Supreme Court Reinstates Pregnancy Discrimination Suit Against UPS, March 31, 2015

March, 2015

Social Media in Claims and Litigation

January, 2015

Mandatory E-Filing Has Arrived (Again): Tips and Traps for the Unwary, Jefferson County Bar Journal, Summer 2014 Received Stars of Texas Bars Award for Best News Article

January, 2015

Overview of Construction Law and Risk Management for Subcontractors

January, 2014

The Michael Morton Act: What prosecutors and defense attorneys need to know

October, 2013

Served as Moderator for Appellate Law seminar, Jefferson County Bar Association

January, 2013

Construction/Real Property Defense and Damage Analysis

January, 2013

Presented Legislative Update: HB274 at annual NAIW conference

May, 2012

Federal Ban on Hand-Held Mobile Telephone Use: Implications for Commercial Motor Vehicles, co-authored May 30, 2012 issue of The Voice, The Defense Research Institute (DRI)

May, 2012

A Lawyer’s Guide to the Advertising and Solicitations Rules

January, 2012

Professional Liability—Design Professionals: Texas Certificate of Merit Analysis

January, 2012

Analysis of Venue Favorability and Practical Tips on Venue Selection and Options to Limit Liability in Unfavorable Venues, Co-Author

January, 2012

Featured speaker at Council on Litigation Management – Defense Strategies National Defense Counsel

March, 2011 New Orleans, Louisiana   

Internet Dating Websites: A Refuge for Internet Fraud, 12 FLA. COASTAL L. REV. 389

January, 2011

Co-author of the Texas Chapter of Construction Litigation Desk Reference, A Fifty State Compendium, published by DRI

February, 2010

Developments in Indemnity and Additional Insured Agreements, presented at Business and Insurance Litigation Update

October, 2009

Fifth Circuit Civil Appellate Update, 21 APP. ADVOC. 212

January, 2009

Featured panel speaker at Medmarc’s 24th Annual Medical Device Seminar – Application of Social Media When Defending and Cross-Examining Experts

June, 2008 Hot Springs, Virginia   

Toast to the Constitution, Dallas/Ft. Worth Metroplex Inn of Courts Joint Meeting

January, 2008

Who Owes Who What and When Do They Owe It? at DRI Annual Meeting/Construction Law Committee

October, 2007 Washington D.C.   

Featured panel speaker presenting a Bad Faith Litigation and Claims Handling seminar at Church Mutual Insurance Company

May, 2007

Featured Speaker at Defense Research Institute’s (DRI) Construction Law Seminar – When Personal Injury Becomes Personal Understanding the Role of OSHA in Personal Injury Cases

September, 2006 San Francisco, CA   

Named shareholder, David Macdonald, will be a featured speaker at DRI's Construction Law Seminar to be held September 7-8, 2006 in San Francisco.

The topic When Personal Injury Becomes Personal - Understanding the Role of OSHA in Personal Injury Cases will cover the implications of an OSHA violation in a personal injury lawsuit, including what can be done to protect clients when OSHA investigates an injury at a construction project.

Some of the issues addressed will also include whom OSHA considers the employer when there are multiple contractors on the project, determining when evidence of an OSHA violation is admissible in a personal injury lawsuit, and how to minimize the effects if evidence is admitted.

Guest Speaker at Insurance Women of San Antonio (IWSA)

July, 2006 San Antonio, Texas   

Insurance Coverage for Construction Defects, presented at Continuing Education Conference

June, 2006 Charlotte, North Carolina   

Featured Speaker at Eagle International Conference – Update Texas Good Faith Insurance Issues

May, 2006 Las Vegas, Nevada   

"Update Texas", the May 2006 conference held in Las Vegas, was hosted by Eagle International, an International network of defense attorneys and claim adjusters.

Featured speaker, David Macdonald, presented Good Faith Insurance Issues.

Guest Speaker for Federation of Insurance Women of Texas (FIWT) 2006 Mid-Year Conference

April, 2006 Austin, Texas   

Recent Developments in the Federal Rules of Evidence, Federal Court Practice seminar, State Bar of Texas (CLE accredited)

January, 2006

Fraud, Fraudulent Inducement, and Contractual Protections Against a Fraud Claim, CLE

June, 2005

Co-author: “Useful Strategies in the Battle of Experts,” Bankruptcy Litigation: Advanced Pre-Trial Practice and Procedure Workshop

January, 2005 Austin, Texas   
635

Educational/Professional Background

  • St. Mary’s School of Law, Juris Doctor, 2005
  • Baylor University, Bachelors of Arts, Honors College, 2001
  • Pi Delta Phi Legal Honor Society

Court Admissions

William (Bill) I. Gardner is licensed to practice law in the following areas:

  • Texas

U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
U.S. Court of Federal Claims

  • Overview
  • Representative Experience
  • Professional Affiliations
  • Honors and Recognitions
  • Publications/Presentations
  • Educational/Professional Background
  • Civic and Volunteerism
  • Court Admissions





William (Bill) I. Gardner

Shareholder

Email: bgardner@macdonalddevin.com

Direct Phone: 214. 651.3331

Direct Fax: 214.447.0942

Areas of Practice

Overview

Whether closing a deal, guiding clients through complex regulatory landscapes, protecting livelihoods, or resolving complex disputes, Bill Gardner works tirelessly to advance the interests of his clients. He strives to avoid needless litigation and the associated costs by resolving claims swiftly to the benefit of his clients.

With a keen eye for finding solutions that are positive from both a legal and business perspective, Bill represents businesses, entrepreneurs, and design professionals in complex litigation, construction, and land use matters throughout Texas. Bill’s practice focuses on construction litigation, government and private contracts, the defense of professional liability claims against design professionals, and overcoming regulatory obstacles faced by owners and developers in the use of land.

Bill’s construction practice encompasses all phases of the contracting process for public and private contracts, from bidding and contract negotiation throughout administration and performance, to claims and litigation.

A seasoned litigator, Bill brings his advocacy skills to disputes involving public and private contracts for the design and construction of governmental and commercial buildings, high-rise towers, hospitals, mixed-use developments and transportation infrastructure such as port facilities, passenger railways and highways. Bill resolves lawsuits involving corporate litigation matters on behalf of businesses, local entrepreneurs, globally-recognized design firms, and sole practitioners.

Bill also represents design professionals in complex litigation, disciplinary proceedings and sophisticated transactional matters throughout Texas. His extensive experience and success in professional liability matters has earned him inclusion on the Texas Rising Stars list for four years in a row. This honor, given to no more than 2.5 percent of the lawyers in the state, is reserved for attorneys 40 years or younger or in the first 10 years of their practice who have attained a high degree of peer recognition and professional achievement.

Bill earned his Juris Doctor degree from St. Mary’s School of Law after graduating from the Honors College at Baylor University. His experience and insights have made him a sought-after speaker and contributor on a wide range of subjects, and he is active in numerous professional organizations.

Bill is admitted to practice in all Texas state courts as well as the U.S. District Court for the Northern, Southern, Eastern, and Western Districts of Texas and the U.S Court of Federal Claims.