Cynthia Albright Tari

Wood, Smith, Henning & Berman LLP
901 Main Street, Suite 3670, Dallas, TX 75202

(424) 208-5755 (Phone), (469) 210-2044 (Phone), (469) 210-2051 (Fax)

Construction
Employment
Insurance
Professional Liability
Legal Malpractice

910158242

1995

Rice University, B.Arch., 1988; Rice University, B.A., 1986

University of Houston Law Center, J.D., 1995

Experience: Successfully defended architect at final arbitration hearing 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.; Analyzed, drafted recommendations, and proposed revisions to contracts worldwide representing billions of dollars in design project fees for Top 100 Architecture Firm for over 10 years (ongoing).; Settled multiple lawsuits brought by national bank owner against architect asserting design defects and failure to coordinate with owner's separate contractors.; Obtained complete dismissal of design professional from the Fort Worth Water Gardens multiple drowning case prior to discovery.; Settled malpractice claims against professional engineer made by a Port Authority for design of a levee, which had failed.; Settled design defect claims brought by municipality and developer against civil engineer (client) based on attack of Certificate of Merit arising out of allegations that engineer had improperly located a 48' water line easement and caused a home to be built within the easement.; Frequently obtained dismissals of lawsuits filed against architecture and engineering clients by attacking sufficiency of Certificates of Merit.; Coordinated peer reviews, cost of repair investigations by experts, and settlement negotiations in multiple cases for engineering clients to identify design defects, cost of repair, and level of exposure to negotiate the most cost-effective settlement for clients. Examples of projects affected include inadequate storm water design for elementary school project; sloughing of three detention ponds in large subdivision in Houston; improperly located easement and building setback lines in subdivision resulting in home encroaching into water main easement; and allegations of inadequate plans resulting in erosion of banks of central pond in subdivision in McKinney.; Extensive contract drafting, review, and negotiations, including Owner-Architect agreements, Design Builder-Consultant agreements, Master Agreements, Professional Services Agreements, and Artist Agreements, on public and private projects, for numerous clients; and, extensive experience drafting and negotiating modifications to AIA and other contract forms for projects worldwide.