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DON
DEAN
GENERAL OVERVIEW
Don M. Dean, a former
district judge, has almost 50 years of experience in complex litigation and
construction litigation. His experience in construction litigation has involved,
among other subjects, roof collapse as a result of superimposed live load,
structural failure of prefabricated steel buildings, fire loss arising from HVAC
installation and the renovation of health care facilities. Don’s practice has
also included business litigation, construction law and education law, along
with arbitration, mediation and all forms of alternative dispute resolution. He
is Board Certified in Civil Trial Law by the Texas Board of Legal
Specialization.
Don was admitted to the State Bar of Texas in 1958 and is admitted to practice
before U.S. District Courts for the Northern and Southern Districts of Texas,
the Courts of Appeal for the Fifth and Tenth Circuits, the Texas Supreme Court
and the U.S. Supreme Court.
EDUCATION
College: (1952-53) George Washington University
(1953-1955) Texas Technological College (B.A., 1955)
Law School: (1955-1958) Southern Methodist University (L.L.B.,1958)
CONSTRUCTION LAW EXPERIENCE
In the course of Don’s career, he has represented owners, contractors,
subcontractors and materialman. This experience has included the negotiation and
preparation of contracts, bid requests and specifications. During his
representation of school districts, Don has drafted contracts between school
districts, architects and general contractors in connection with more than $215
million in construction and renovation projects. In this representation, Don has
also assisted in resolving disputes between school districts and others
regarding compliance with contract documents and problems in construction. Don
has represented both owners and contractors in litigation involving, among other
subjects, roof collapse as a result of a superimposed live load, structural
failure of prefabricated steel buildings, fire loss arising from HVAC
installation and the renovation of healthcare facilities.
ADR EXPERIENCE AND TRAINING
Don serves as an arbitration and mediation panelist for the National Arbitration
Forum and the Association of Attorney Mediators. During his 5 years as a Texas
District Judge, he presided over 1,500 non-jury trials and was never reversed by
the appellate courts.
Don is a certified mediator qualified under the Texas Civil Practices & Remedies
Code §154.052. He was originally certified by the A.A. White Dispute Resolution
Institute in 1993. That same year, Don took additional training at Pepperdine
University School of Law. Don completed the Construction Dispute Resolution
Services’ additional training in the Theory, Practice and Rules of Arbitration
in 2007. He also attend the National Arbitration Forum’s Winter Conference in
2007 and the Association of Attorney Mediator’s 2007 conference. Don is a member
of the Alternative Dispute Resolution Section of the State Bar of Texas.
OTHER ACTIVITIES AND AFFILIATIONS
- Member, State Bar of Texas Construction Law Section
- Member, State Bar of Texas Alternative Dispute Resolution Section
- Member, State Bar of Texas Education Law Section
- Member, State Bar of Texas Judicial Section
- Member, National Association of School Attorneys
- Member, Texas Counsel of School Attorneys
- Member, Amarillo Bar Association
APPOINTMENTS AND HONORS
U.S. District Court Advisory Committee, Northern District of Texas (2001-2006)
University of Texas School Law Conference Planning Committee (1999-2005)
Board of Editors, Texas Board of Legal Specialization (2000-2004)
Newsletter Co-Editor, School Law Section of State Bar of Texas (1999-2000)
Life Fellow, Texas Bar Foundation (1992)
Life Fellow, American Bar Association (1992)
Chairman of the Texas Bar Association’s Committee on Judicial Selection,
Compensation and Tenure of State Judges (1980 – 1987)
Committee of 100 for the Merit Selection of Judges (member, 1986)
Texas Bar Association President’s Special Service Award (1983)
Judge of 181st District Court, Amarillo, Texas (1969-1974)
Board of Editors, Southwestern Law Journal (1957-1958)
PUBLICATIONS AND PRESENTATIONS
- “The Tie that Binds – Drafting Construction Documents,” presentation at
Counsel of School Attorneys Construction Law Seminar, Austin, April 2004
- “Criminal Liability Of A Corporate Officer Based On The Acts Of Corporate
Agents And Employees” and “Invoking The Fifth Amendment Privilege In Civil
Actions,” presentation for CLE Options Master Advocates Institute Series, August
2004
- The Enforcement and Legality of Indemnity Provisions in Contracts," State Bar
Section Report: School Law, Volume 3, No. 3, June 1999
- "Employment Law Seminar," presentation to Region 16 Educational Support
Center, Amarillo TX, January 2003
- "Constitutional Restrictions on Expenditure of Governmental Funds," University
of Texas School of Law 14th Annual School Law Conference, March 1999
- "Americans with Disabilities Act: Reasonable Accommodation," University of
Texas School of Law 10th Annual School Law Conference, March 1995
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