Brian J. Tagtmeier

About Brian

EXPERIENCE

With over 30 years of litigation experience defending and prosecuting complex legal, factual, and damage issues in multiple jurisdictions throughout Texas, Brian has a proven track record of success in high-stakes litigation and complex negotiation. Brian serves as lead trial counsel for companies and individuals facing high-risk, large-dollar, catastrophic personal injury. Brian has extensive experience defending the trucking industry, involving claims filed against commercial drivers and companies, and the insurers who underwrite the claims. Brian has extensive experience involving construction defects and construction accidents. He also works directly with the contractors and subcontractors as their legal counsel on all of their needs.

Brian also is a mediator in many different trial areas, including construction cases, personal injury cases, partnership disputes, insurance coverage matters, employment cases, and many other civil matters having conducted over 2000 mediations since 2006. Brian has also taught the 40-hour mediation certification clases at the A.A. White Dispute Resolution Center at the University of Houston, the Harris County Dispute Resolution Center, the Fort Bend County Dispute Resolution Center and the Austin Dispute Resolution Center. Bran also frequently arbitrates construction, employment and securities cases as the chairperson of the arbitration panel in most cases.

Brian’s strength is in his ability to take his experience as a trial lawyer, mediator, and arbitrator to every matter that he handles. It allows him to focus on the best strategy to prepare the case for settlement, if possible, and for trial when a settlement cannot be reached. It allows him to evaluate a case early on and form a plan to get it ready for trial and settlement.

Brian is very involved with his alma mater, Rice University, and helps with annual fund-raising activities and interviewing potential students. He has also volunteered his time with Rodeo Austin.

Representative Matters

• Represented concrete subcontractor in arbitration over work performed for retirement community where the overall demand was $13,000,000.00. Settled for costs of defense.
• Represented Gypcrete contractor in arbitration over work performed on a premium hotel where the overall demand was $12,000,000.00. Settled for costs of defense.
• Represented waterproofing contractor on water penetration case involving an apartment complex in arbitration where overall demand was $9,000,000.00. Settled for costs of defense.
• Represented developer and general contractor in fire that destroyed a neighboring apartment building where demand was $11,000,000.00. Settled for costs of defense.
• Represented trucking company in three way crash involving a fatality. Settled for costs of defense.

Trial Victories

• Represented developer in negligence and Water Code violation arbitration in a residential project. Defense verdict of no liability.
• Represented cement truck driver and cement company in collision involving truck parked partially on shoulder of the highway. Defense verdict of no liability.
• Represented partner in a partnership dissolution matter with allegations of breach of fiduciary duties. Won an affirmative verdict of $400,000.00 for our client where demand against him was for $2,000,000.00.
• Represented general contractor in arbitration against owner for unpaid fees in execess of $2,000.000.00. Won a verdict for the total amount owed plus attorney’s fees of $125,000.00.

Articles

• Handling Negligence Claims after Tort Reform – 1997
• Reviewing the RCLA – Tricks, Traps and Triumphs – 2000
• Texas Mechanic’s Lien and Surety Bond Claims – 2001
• Insurance Coverage for Mold/Water Damage Claims – 2003
• THE RCLA: A Legislative Attempt to Protect Homeowners and Builders and A Judicial Revision of thee to Protect Homeowners – 2005
• Handling Residential Construction Claims in 2008 – A Practical Guide to the Texas Residential Construction Commission Act and the Residential Construction Commission Act – 2008
• Texas Mechanic’s Liens – 2011, 2018

Honors and Awards

• 2008 Houston Bar Foundation Outstanding Contribution Award for the Harris County Dispute
• Resolution Center – Top Volunteer Mediator
• Houston Bar Journal, May 2008 – Honored as a “Local Hero” for volunteer work with pro bono family law mediations.
• Houstonia Magazine 2018 – One of Houston’s Top Lawyers – Mediation Houstonia Magazine 2017 – One of Houston’s Top Lawyers – Construction H Texas Magazine, June 2010 – One of Houston’s Top Lawyers – Mediation
• H Texas Magazine, June 2007, June 2016 – One of Houston’s Top Lawyers — Construction Law Texas Bar