Brian J. ComardaMember
Brian’s practice is primarily focused on construction litigation and arbitration. His experience has mainly encompassed the preparation, prosecution and defense of claims involving disputed changes orders, breach of contract, delays of all types, disruption, accelerated work, cumulative impacts, warranty obligations, force majeure events, design defects, scope growth, schedule compression, labor inefficiencies, liquidated damages, differing site conditions, consequential damages and liens. Brian also has experience counseling clients regarding the builder’s risk and professional liability insurance coverage issues that often accompany these claims.
Brian also handles a variety of admiralty and maritime related matters. His litigation experience includes defending vessel owners, offshore service contractors and other maritime employers against serious personal injury claims asserted under the Jones Act, Longshore and Harbor Workers’ Compensation Act and general maritime law. He also has significant experience representing vessel owners and charterers in variety of contractual disputes, including charter party disputes.
A related area of Brian's expertise involves advising clients on the many United States regulatory programs and cabotage laws impacting the import, export and transportation of merchandise, including the U.S. coastwise law (also known as the Jones Act), Export Administration Regulations, Harmonized Tariff Schedule and Maritime Transportation Security Act. Brian is routinely retained to resolve transportation and trade issues directly with U.S. Customs and Border Protection.
Brian’s extensive litigation experience also gives him a unique insight into the negotiation and drafting of contracts. He is regularly sought out for his advice regarding construction contracts, repair contracts, master service agreements, operating agreements and hold harmless / indemnity agreements. He has also represented vessel owners in the purchase and sale of oil and LNG tankers under foreign shipping registries, including the Marshall Islands, Vanuatu and Bermuda.
Brian has been named to the Texas Super Lawyers – Rising Stars list as one of the top up-and-coming attorneys in Texas for three consecutive years (2013 – 15).
Jurisdictions Licensed to Practice
U.S. District Court, Southern, Eastern and Northern Districts of Texas
U.S. District Court, Western, Middle and Eastern Districts of Louisiana
Bachelor of Arts in Mass Communication, Louisiana State University, 1999
Brian has been named to the Texas Rising Stars list as one of the top up-and-coming attorneys in Texas for 2013, 2014 and 2015. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. The selection for this respected list is made by the research team at Super Lawyers. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.
Register of Shipping Annual Conference, New Orleans, LA, November 2003
Professional & Bar Association Memberships
State Bar of Texas (Member, Construction Law Section)
Houston Bar Association (Member, Construction Law Section)
American Bar Association (Member, ABA Forum on Construction Law and ABA Litigation Section)