Mikel J. Bowers
Bell Nunnally & Martin LLP
2323 Ross Avenue
Dallas, Texas 75201
Mike’s practice encompasses wide-ranging commercial litigation matters. Mike’s experience includes litigation involving major construction projects, real estate disputes, landlord and tenant issues, insurance disputes, oil and gas contractual disputes, health care, and diverse business and contract cases.
Mike represents, among others, homeowner’s associations, residential and commercial contractors, healthcare companies, oil and gas exploration companies, and mid-size to large business organizations in state, federal, and administrative matters.
- J.D., Southern Methodist University Dedman School of Law, 1987
- Bachelor of Journalism, The University of Texas at Austin, 1983
- State Bar of Texas
- United States Court of Appeals for the Fifth Circuit
- United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas
- United States Bankruptcy Court for the Northern, Southern, and Eastern Districts of Texas
- Named one of the “Litigation Stars” in the Benchmark Litigation 2020 Guide
- Featured in Best Lawyers®’ Texas’ Best Lawyers, 2020
- Selected by attorney peers for inclusion in The Best Lawyers in America®, 2013-2021
- Named one of the “Best Lawyers in Dallas” by D Magazine, 2012, 2017 and 2018
- Selected by attorney peers for inclusion in Texas Super Lawyers®, 2010-2020
- AV® Peer Review Rated in Martindale-Hubbell
- Represents one of the largest privately-owned mortgage banks in matters related to non-compete and unfair business practices in multiple state and federal courts throughout the United States.
- Obtained a $7.0 million judgment against one of the Nations largest banks for breach of fiduciary duty.
- Obtained a $2.7 million judgment for the general partner of a multi-family development partnership for breach of the development agreement.
- Obtained a multi-million dollar settlement of construction defect claims on behalf of the plaintiff high-rise building homeowner’s association.
- Represented multiple plaintiffs in a fraudulent lending suit against the nation’s then largest lender, and obtained a $71,265,000 verdict and judgment for his clients.
- Obtained a $1.6 million verdict in a shareholder oppression suit in which his client, the founder of the company, was forced out by other shareholders.
- For a medical waste transportation and disposal company, Mike obtained a summary judgment against claims filed by more than 30 plaintiffs alleging violations of the Texas Willed Donor Program.
- Represented a homeowner’s association in a complex construction defect and partnership dispute related to the construction of a high-rise condominium building and obtained a million dollar settlement.
- Represented a general contractor in an arbitration regarding the construction of a major athletic complex and successfully defended a claim for multi-million dollars.
- Represented a general contractor and architect in a dispute related to alleged defects involved in the construction of a luxury hotel.
- Obtained a settlement for a hotel owner and developer in an arbitration related to a hospitality operator and manager dispute.
- In a lawsuit involving asbestos testing irregularities, Mike obtained a settlement for the developer of the condominium.
- Obtained a settlement in a multi-party partnership and corporate fiduciary dispute. The case also involved a related proceeding in which a temporary injunction was obtained preventing foreclosure on partnership assets by a creditor.
- Obtained a settlement for his client, an in-store ice bagging machine manufacturer and distributor, against his client’s competitor, one of the ice industry’s largest companies, in a patent infringement action brought by the competitor. The settlement included a declaration that his client’s product did not infringe the competitor’s product.
- Obtained a judgment for more than $800,000 for his client, a homeowner, against the general contractor that constructed his home defectively.
- Successfully defended a media company against claims exceeding one million dollars relating to allegations of breach of contract.
- Secured a settlement exceeding $3,000,000 against an operator and well engineering firm for an oil and gas exploration client relating to a down-hole well failure.
We represent manufacturers, contractors, vendors, suppliers, design and engineering professionals, and owners in a broad range of construction-related transactional and litigation matters. Our extensive litigation experience on behalf of plaintiffs and defendants enables us to assist clients in negotiating, drafting, and documenting favorable contract terms, while at the same time anticipating pitfalls before they occur. We also represent construction industry clients in commercial finance, corporate and securities, merger and acquisition, immigration, intellectual property, real estate, and tax matters.
Our construction clients include among them:
- General and sub contractors
- Specialty construction companies—specializing in school construction or oil and gas plant construction
- Manufacturers, distributors, and suppliers of building materials and products
- Construction machinery and tool rental companies
- Industrial crane companies
- Design professionals
- Owners, developers, and managers of construction projects
We have a wide-ranging litigation practice representing all players in the construction industry. We aggressively represent construction creditors in trials and appeals based on promissory notes, leases, guarantees, and unpaid accounts. We also routinely help secured construction creditors recover collateral and foreclose their liens. We help contractors and suppliers working on private, state, and federal projects perfect and foreclose mechanic’s and materialman’s lien claims and payment bond claims.
Our lawyers have represented construction industry clients in such disparate matters as patent litigation and in arbitration concerning the construction of a major athletic complex. One of our attorneys, while at another firm, was a leading member of a team that obtained a summary judgment for a Dallas-based homebuilder in a case of first impression involving obligations of Municipal Utility Districts under the Texas Water Code.
Construction Defect and Product Liability Practice
Our construction litigators regularly represent manufacturers, contractors, vendors, suppliers, design professionals, and owners in the prosecution and defense of construction defect and product liability law suits.
Many of these matters involve defective product or product failure claims. For example, with regard to a public airport, we addressed contract dispute issues when claims of product failure were asserted. We regularly represent clients in cases involving commercial claims and personal injury claims arising from product defects. We have experience in working with OSHA, when they become involved in workplace accidents related to construction defects or product liability. We have represented clients in multi-party construction defect litigation arising from defective products and workmanship, including breach of express and implied warranty claims, adjoining property owner liability claims, surface damage and water runoff claims, single business enterprise and alter-ego claims, and deceptive trade practice act claims.
One of our partners has been involved in numerous cases involving the construction of stadiums and in part involving stadium lighting and poles. We have extensive experience in handling cases involving public owners. Those public owner cases are governed by certain specific laws
Providing transactional and litigation services to a national and international client base ranging from start-up businesses to Fortune 500 companies, Bell Nunnally has attorneys experienced in a full range of business matters including litigation, real estate, commercial finance, corporate and securities, bankruptcy and financial restructuring, health care, immigration, intellectual property, appeals, entertainment, labor and employment, mergers and acquisitions, estate planning, tax, and white collar criminal and regulatory defense.