Bio
Doug Rees has an extensive trial practice with an emphasis in construction law and insurance litigation matters. He represents clients before state and federal courts as well as in arbitration proceedings and before disciplinary and licensing boards and advises clients in all aspects of their business.
Doug represents general contractors, subcontractors, design professionals, including architects and engineers, insurance carriers, businesses and individuals. He advises and defends clients in disputes concerning work they have performed or are involved in, defending claims against them, pursuing claims on their behalf, and advising them on the application and implications of insurance issues as they relate to their business. His practice includes a broad array of fields and disputes involving:
- Commercial construction projects and defects;
- Residential construction projects and defects;
- Construction accidents;
- Business disputes;
- Negotiation of contracts;
- Professional negligence;
- Representation before licensing and review boards;
- Insurance coverage matters;
- Bad faith litigation;
- Directors and Officers liability;
- Products liability issues;
- Premises liability;
- Employment litigation and disputes;
- Intellectual property and trade secret disputes;
- Personal injury.
Throughout his more than three decades of practice, Doug has gained extensive knowledge and experience in these areas and has consistently and successfully represented his clients in helping them obtain a positive resolution and just adjudication of their disputes. He is a frequent lecturer and often speaks to clients, trade associations, industry groups, and other lawyers on issues of importance to them.
Doug is a native of Dallas. He enjoys travel and is an avid sports fan. He and his wife, Gina, have two children.
Admitted
Texas, 1990
U.S. Court of Appeals 5th Circuit
U.S. District Court Eastern District of Texas
U.S. District Court Northern District of Texas
U.S. District Court Southern District of Texas
U.S. District Court Western District of Texas
Education
J.D., University of Texas School of Law, 1990
B.A., Southern Methodist University, 1986
Honors
Board Certified by the Texas Board of Legal Specialization in Construction Law
Texas Super Lawyers® list, Thomson Reuters Legal (2011-present)
AV Preeminent rated by Martindale-Hubbell
Named by D Magazine as one of the Best Lawyers in Dallas (2018)
Awards
Affiliations
Texas Bar Association, Insurance Law and Construction Law Section member
Texas Bar Foundation, Fellow
Texas Association of Defense Counsel – President (2022-2023)
International Association of Defense Counsel
Dallas Bar Association – Construction Law Section, Tort and Insurance Practice Section
Publications
Legislative Update – The 88th Session in Review, 2023 TADC Annual Meeting, September 2023
Pay and Chase Allocation: Considerations for Settling in Preparation of Chasing, 2022 TADC Winter Seminar, January 2022
Panelist, COVID-19 Impact on Jury Trials, 17th Annual Construction Symposium, Cooper & Scully, P.C., January 28, 2022
Force Majeure, 17th Annual Construction Symposium, Cooper & Scully, January 28, 2022
Lonergan v. Spearin: A Tale of Two Cases, 2021 TADC Summer Meeting
Co-Author, "Defense Against the "Reptile Theory" in Litigation," Cooper & Scully Newsletter, June 2021
Impact of COVID-19 on Construction Industry, 16th Annual Construction Symposium, Cooper & Scully, January 29, 2021
Panelist, Construction Issues: Breach of Contract or Breach of Warranty? Election of Remedies and Causes of Action in Texas, 15th Annual Construction Symposium, Cooper & Scully, January 31, 2020
Lonergan v. Spearin: A Tale of Two Cases, 15th Annual Construction Symposium, Cooper & Scully, January 31, 2020
Dual Breaches, 14th Annual Construction Symposium, Cooper & Scully, January 25, 2019
Panelist, Joint and Several Contractual Liability and Settlement Credits: A Look at the “One Satisfaction Rule” in Texas, 14th Annual Construction Symposium, Cooper & Scully, January 25, 2019
Panelist, GAIC v. Hamel – Requirement of Trial: A Panel Discussion, 13th Annual Insurance Symposium, sponsored by Cooper & Scully, P.C., January 2018
Challenging Contract Provisions, 12th Annual Construction Symposium, sponsored by Cooper & Scully, P.C., January 2017
Panelist, The Impact of the Affordable Care Act on Proof of Damages for Construction Injuries, 11th Annual Construction Symposium, sponsored by Cooper & Scully, P.C., January 2016
Statutory Indemnity from Manufacturers in Construction Litigation, 10th Annual Construction Symposium, sponsored by Cooper & Scully, P.C., January 2015
Panelist, Strategies Dealing With Chapter 18 Medical Records Affidavits, 10th Annual Construction Symposium, sponsored by Cooper & Scully, P.C., January 2015
Panelist, Construction Indemnity and Risk Transfer, TADC Spring Meeting 2014
Zachry v. Port of Houston Authority, 9th Annual Construction Symposium, sponsored by Cooper & Scully, P.C., January 2014
“Non-Standard Discovery,” 8th Annual Construction Symposium, sponsored by Cooper & Scully, P.C., February 2013
Panelist, “Multi-Party Construction Defect Litigation,” Strafford Publications Webinar, March 2012
House Bill 274, 7th Annual Construction Symposium, sponsored by Cooper & Scully, P.C., January 2012
Allocating Liability in a Multi-Party Construction Defect Case – University of Texas Annual Construction Law Seminar, September 2011
Proving up Covered Claims - Texas Lawyer, July 2011
Texas Residential Claims – Where Are We Now? - Grayson County Bar Association, July 2011
Statutory Indemnity From Manufacturers in Construction Litigation, 6th Annual Construction Symposium, sponsored by Cooper & Scully, P.C., January 2011
Third Party Practice, 5th Annual Construction Symposium, sponsored by Cooper & Scully, P.C., January 2010
Panelist, Trigger of Coverage and Don’s Building Supply, 4th Annual Construction Symposium, sponsored by Cooper & Scully, P.C., January 2009
Panelist, Settlement/Allocations/Contribution and Equitable Subrogation, 4th Annual Construction Symposium, sponsored by Cooper & Scully, P.C., January 2009
Recent Changes to the AIA Contract Documents and Their Impact, 4th Annual Construction Symposium, sponsored by Cooper & Scully, P.C., January 2009
Settle and Chase, 3rd Annual Construction Symposium, sponsored by Cooper & Scully, P.C., January 2008
Panelist, Trigger Theories - When Does Property Damage Occur in the Continuous or Progressive Damage Claim?, 3rd Annual Construction Symposium, sponsored by Cooper & Scully, P.C., January 2008
Finding Help – Identifying Other Potential Parties And Issues Encountered In Doing So, 2nd Annual Construction Symposium, sponsored by Cooper & Scully, P.C., January 2007
Insurance Coverage for Construction Defects, 1st Annual Construction Symposium, sponsored by Cooper & Scully, P.C., January 2006
Extracontractual Liability, TADC Summer Meeting, 2005
Emerging Construction Issues, 13th Annual Coverage and Bad Faith Seminar, sponsored by Cooper & Scully, P.C., 2006
Insurance Coverage for Construction Defects, 12th Annual Coverage and Bad Faith Seminar, sponsored by Cooper & Scully, P.C., 2005
Changes in the Construction Arena, 11th Annual Coverage and Bad Faith Seminar, sponsored by Cooper & Scully, P.C., 2004
Insurance Coverage for Construction Defects, 10th Annual Coverage & Bad Faith Seminar, sponsored by Cooper & Scully, P.C., 2003
Interpretations and Requirements of Article 21.55, 9th Annual Coverage & Bad Faith Seminar, sponsored by Cooper & Scully, P.C., 2002
Article 21.55: The First Party Claims Statute and Efforts to Make It Something More, 8th Annual Coverage & Bad Faith Seminar, sponsored by Cooper & Scully, P.C., 2001
Insurance Coverage for Construction Defects, 7th Annual Coverage & Bad Faith Seminar, sponsored by Cooper & Scully, P.C., 2000
Insurance Coverage for Construction Defects, 6th Annual Coverage & Bad Faith Seminar, sponsored by Cooper & Scully, P.C., 1999
Contractual Indemnity and Risk Transfer - Passing the Buck, 5th Annual Coverage & Bad Faith Seminar, sponsored by Cooper & Scully, P.C., 1998
Defending Land Use and Zoning Cases, Defending Governmental Entities
Cases
Published Cases
Jackson v. Head Start of Greater Dallas, 2023 WL 2364973 (Tex. App. - Dallas 2023, pet. denied)
Maldonado v. Sumeer Homes, et al, 2015 WL 3866561 (Tex. App.-Dallas 2015)
Hernandez v. Highland Homes, 345 S.W.3d 150 (Tex. App.-Dallas 2011, pet. denied)
CBM Engineers, Inc. v. Tellepsen Builders, LP, 403 SW3d 339 (Tex. App. – Houston [1st Dist.] 2013)
Tellepsen Builders, LP v. Kendall/Heaton Associates, Inc., 325 S.W.3d 692 (Tex. App.—Houston [1st Dist.] 2010, pet. denied)
Paragon Gen’l Contractors v. Larco Constr., Inc., 227 S.W.3d 876, 2007 WL1816881 (Tex.App.—Dallas 2007, no pet.)
Grapevine Excavation, Inc. v. Maryland Lloyds, 35 S.W.3d 1 (Tex. 2000)
Federated Mut. Ins. Co. v. Grapevine Excavation, 97 F.3d 720 (5th Cir. 1999)
Dallas Metal Fabricators v. Lancaster Indep. School Dist., 13 S.W.3d 123 (Tex. App.–Dallas 2000, pet. denied)
Birenbaum v. Option Care, Inc., 971 S.W.2d 497 (Tex. App.–Dallas 1997, pet. denied)
Representative Cases
Obtained a complete defense verdict in arbitration of claims by multiple homeowners alleging excessive condensation of windows and oversized HVAC systems.
Obtained a complete defense verdict in arbitration of claims by homeowners alleging breach of implied warranties due to rodent infestation and plumbing issues.
Obtained a directed verdict in favor of a homebuilder in a case involving alleged misrepresentations in building plans.
Obtained a favorable verdict in favor of a property insurer in a case involving a fire loss resulting in a verdict for less than the amount offered in the original adjustment of the claim.
Obtained a verdict of no liability in favor of a paving contractor in a construction defect case involving the flooding of a residential neighborhood and several homes.
Obtained a verdict of no liability in favor of a design professional in a residential construction defect case involving significant movement at the residence.
Successfully defended a general contractor in a multi-million dollar construction defect arbitration involving an apartment complex resulting in our client receiving a favorable settlement and obtaining recoveries against numerous other contractors.
Successfully defended a general contractor in a multi-million dollar construction defect case involving significant movement of a department store which resulted in our client receiving a favorable settlement.
Obtained a defense verdict for an independent adjusting firm in a bad faith case involving the handling of a sewage backup/water intrusion claim.
Represented owner/operator of Barnett Shale natural gas well in multi-party personal injury related to uncontrolled pressure release, successfully negotiating settlement of claims brought by plaintiff and claims against subcontractor defendants.
