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Tim Poteet handles civil trials, arbitrations, and appeals in state and federal courts. Specific practice concentrations include insurance, construction, commercial disputes, contracts, real estate, product liability, premises liability and general tort litigation. Mr. Poteet enjoys substantial experience in complex construction litigation, trying cases to a verdict, and appellate practice before Texas Supreme Court and Texas Courts of Appeal.

Recognition:

• AV® Peer Review Rated, Martindale-Hubbell (Highest Rating)
• Life Fellow, Texas Bar Foundation

Education:

• Bachelor of Arts (Government) with High Honors
  1981 University of Texas at Austin
• Doctor of Jurisprudence 1984
  University of Texas at Austin

Admissions:

• Supreme Court of Texas, 1984
• United States Fifth Circuit Court of Appeals
• United States District Court, Western District of Texas

Professional Associations:

• Chamberlain ♦ McHaney, Member, 1986 to present
• Stubbeman McRae Sealy Laughlin & Browder, 1984 to 1986

Author and Speaker: 

Mr. Poteet writes and speaks on construction, insurance, and litigation topics, including the annual Chamberlain ♦ McHaney Ultimate Claims Handling Seminar, now in its 13th year, offered as continuing education for the insurance industry and held in Dallas each October. 

His most recent publications include:

• Construction Law Update: Coverage for defective construction and other mysteries solved.

Professional Memberships:

• Defense Research Institute, Construction Section
• Texas Association of Defense Counsel, Appellate Amicus Committee
• Litigation Section, State Bar of Texas
• Construction Section, State Bar of Texas
• Insurance Section, State Bar of Texas
• Appellate Section, State Bar of Texas
• Austin Bar Association

Significant Reported Appellate Opinions:

Walter Young Martin III v. Gehan Homes Ltd., NO. 03-06-00584-CV, 2008 Tex. App. LEXIS 4111 (Tex.App.—Austin 2008) (court affirms summary judgment for client homebuilder in personal injury claim by subcontractor’s employee)

Ramirez v. Fifth Club, Inc., 196 S.W.3d 788 (Tex. 2006) (Texas Supreme Court agreed with client and reversed lower court judgments and overruled prior precedent in holding Texas law does not recognize a “personal character” exception to general rule of non-liability for acts of an independent contractor) 

MRO Southwest, Inc. v. Target Corporation, No. 04-07-00078-CV, ___ S.W.3d ___, (Tex.App.—San Antonio 2007) (agreeing with client and reversing lower court judgment, applying indemnity law in context of construction property damage dispute, and defeating opponent’s indemnity claims) 

Emerson Electric Co. v. Panatrol, Inc., 163 S.W.3d 182 (Tex.App.—San Antonio 2005, pet. denied) (agreeing with client and reversing lower court judgment, applying complex choice of law principles, affirming client’s statutory indemnity rights, and successful defense against petition for review to Texas Supreme Court) 

Cappadonna Electric Mgmt.  v. Cameron County, 180 S.W.3d 364 (Tex.App.—Corpus Christi 2005) (orig. proceeding) (multiple parties obtain judgment reversing lower court and holding owner equitably estopped to avoid enforcement of arbitration agreement as applied to construction claims)

Wade & Sons, Inc. v. Am. Std., Inc., 127 S.W.3d 814, 818 (Tex. App.—San Antonio 2003, writ denied) (affirming lower court judgment for client on counterclaim in construction supply contract dispute)

TAC Americas, Inc. v. Boothe, 94 S.W.3d 315 (Tex.App.—Austin, 2002) (agreeing with client and reversing lower court judgment for failure to comply with constitutional service requirements) 

Codner v. Arellano, 40 S.W.3d 666 (Tex.App.—Austin 2001, no pet.) (agreeing with client in case of first impression holding that a  subcontractor/service provider owes no implied warranty of good and workmanlike service without privity of contract) 

McCarthy Bros. Co. v. Continental Lloyds Ins. Co., 7 S.W.3d 725 (Tex.App.—Austin, 1999) (agreeing with client in reversing lower court judgment and holding contractor entitled to liability insurance coverage as additional insured) 

Howard v. Fiesta Texas Show Park, Inc., 980 S.W.2d 716 (Tex.App.—San Antonio 1998, pet. denied) (agreeing with client and affirming lower court judgment applying limitations to bar substantial personal injury claim despite allegations of unknown cause of injury) 

Burlington Ins. Co. v. Mexican American Unity Counsel, Inc., 905 S.W.2d 359 (Tex.App.—San Antonio, 1995, no writ) (agreeing with client and enforcing insurance policy exclusion regardless of general negligence pleading, reversing lower court judgment, and awarding attorney fees).