Biography

Mike Pipkin heads the Texas Construction Practices Group for Sedgwick, leading a team that provides all aspects of counseling and litigation to sureties, private owners and developers, contractors, subcontractors, and design professionals, including high-rise office buildings and condominiums, heavy and light commercial, industrial, road and bridge, and residential construction.  Mr. Pipkin’s experience includes counsel in the area of commercial real estate development and construction management, including the preparation of traditional lump-sum and guaranteed maximum price contracts, construction management contracts, and agreements with contractors and architects, in addition to claims investigation and administration, resolution of lien disputes, and the pursuit and defense of construction claims of all types.

Mr. Pipkin also represents clients in routine and complex business litigation, including fidelity, employee dishonesty, probate, commercial surety, contractor’s license bonds, and directors’ and officers’ claims.

Representative Matters

• Obtained a bench verdict for client, a surety company, in an action filed in the U.S. Bankruptcy Court for the Southern District of Texas, Houston Division. The defendant, the president and co-owner of a specialty subcontractor with projects across the South, forged the signatures of three of his relatives on an indemnity agreement issued by our client. Without the indemnity agreement, our client would not have issued surety bonds on behalf of the defendant’s business. As a result of issuing the bonds, our client suffered losses exceeding $3 million. Sedgwick first obtained a consent judgment against the defendant after he admitted to the forgery, which led to the dismissal of claims against his relatives. The defendant then filed for bankruptcy. After a four-day bench trial, the court found that the defendant committed actual fraud and ordered that the more than $3 million judgment be exempted from discharge. The U.S. Court of Appeals for the Fifth Circuit has since affirmed the judgment and the U.S. Supreme Court has denied writ of certiorari.
• Obtained a take-nothing judgment out of the United States District Court for the District of Colorado, following a week-long bench trial on a payment bond claim arising out of a federal construction project.  The Court concluded that the plaintiff subcontractor did not establish that it was a bona fide subcontractor under the federal Miller Act during the time in which the subject bonds were in effect, that those bonds did not cover the plaintiff's claims because it was an alter ego and insider of the bond principal, and that Sedgwick's client, the surety, was not estopped from asserting the affiliated nature of the bond principal and plaintiff subcontractor.  U.S. ex rel. Johnson Pugh Mechanical, Inc. v. Landmark Const. Corp., 318 F.Supp.2d 1057 (D.Colo 2004).
• Obtained a take-nothing summary judgment for our fidelity insurer client out of the United States District Court for the Western District of Texas, Austin Division, arising out of an employee dishonesty claim from a quasi-public entity. The Court concluded that the plaintiff had been made whole for its employee theft injury when it settled with another entity without allocating its damages, and that the insured had materially breached its insurance policy by releasing parties against which Sedgwick’s client had subrogation rights.
• Assisted a surety in the workout of a design-build contractor on multiple public and private projects, including the preparation of collateral and workout agreements, deeds of trust, subordination agreements, bond forms, asset sale agreements, and assistance in the defense of multiple payment bond claims.
• Representation of a surety and a similarly situated lender in litigation filed against multiple parties, arising out of the dissolution of a real estate partnership.  While the clients were defendants in the litigation, the settlement following mediation resulted in Sedgwick's clients being the only parties to receive full and complete payment of the sums owed to them. 
• Obtained a take-nothing summary judgment in Travis County District Court for our surety client in which the plaintiff sought to recover more than $20 million in lost profits and other consequential damages from a failed multi-unit residential construction project. Plaintiff sued, seeking damages based upon the alleged value of the property had it been completed. We successfully argued that plaintiff was limited to its actual damages under the bond and that based on the contract’s express waiver of consequential damages, plaintiff could not recover the damages it was seeking from the surety.  On appeal, the Austin Court of Appeals affirmed.
• Represented a surety in affirmative claims against a school district and a property and casualty insurer, arising out of the surety’s completion of multiple school projects, resulting in successful settlements.
• Representation of full-service engineering, architecture, construction, environmental and consulting solutions firm in defense of claims arising out of design and construction of an airport fuel farm.
• Representation of industrial engineer and contractor in a contract dispute with an oil refinery owner, including the defense of claims arising out of a site explosion and pursuit of claims in bankruptcy court. 
• Representation of surety in arbitration proceeding against bonding agent arising out unauthorized issuance of payment and performance bonds, resulting in successful settlement.
• Assistance for a surety following the default of a prime contractor on multiple public school projects, including the preparation of workout agreements, completion contracts, takeover agreements, and the defense of multiple payment bond claims.
• Assisted sureties following the default of highway contractors, including the preparation of takeover agreements, the resolution of obligee claims, and pursuit of indemnity.
• Obtained a complete defense jury verdict on behalf of a residential homebuilder in a trial in State District Court in Dallas County, Texas, brought by a couple who claimed that the flatwork and retaining wall around their home was improperly designed and constructed.
• Successfully represented an owner in an arbitration initiated by a contractor for breach of contracts, obtaining a complete defense award plus an award of damages and fees on a counterclaim.
• Obtained a complete defense jury verdict on behalf of a residential homebuilder in a trial in State District Court in Dallas County, Texas, brought by an individual who claimed that her home’s foundation was improperly built.
• In federal district court in Fort Worth, Texas, successfully extracted a non-Texas defendant from a suit in connection with the construction and delivery of an airport jet bridge to an airport outside Texas.
• Assisted a surety in taking over after a subcontractor’s default on a prominent private construction project in Dallas County, Texas, including motions and hearings in bankruptcy court to obtain the necessary authority to takeover the project.

• Obtained a take-nothing summary judgment out of the United States District Court for the Northern District of Texas, Dallas Division, on behalf of an attorney in a legal malpractice case, on the eve of trial. The Court concluded that the plaintiff failed to carry her evidentiary burden as to whether the attorney owed a duty to the plaintiff at the time the legal injury occurred, as well to whether the attorney’s conduct proximately caused the plaintiff’s injury.

Affiliations, Activities and Accomplishments

Admitted, Texas 1989; Admitted, U.S. District and Bankruptcy Courts for the Northern, Southern, Eastern, and Western Districts of Texas, Eastern District of Arkansas, District of Colorado, and U.S. Court of Appeals for the Fifth Circuit.

American Bar Association (Tort Trial and Insurance Practice Section, Fidelity & Surety Law Committee, Chair-Elect-Designee, and Founding Co-Chair of Construction Subdivision of Law Division; Forum on the Construction Industry Division 5 Steering Committee); Order of the Knights of Pearlman; Surety and Fidelity Claims Institute; National Bond Claims Association, Texas Association of Builders (Voting Member, Attorney Council); National Association of Home Builders; Home Builders Association of Greater Dallas; Gulfcoast Fidelity & Surety Institute (Program Chair 2002-2003); Dallas Bar Association Construction Law Section (Chair 2003); State Bar of Texas (Construction Law Section).

Recognized, AV Preeminent Rating (5.0 out of 5), Martindale-Hubbell Attorney Directory

Recognized, Superb Rating (10.0 out of 10), Avvo (www.avvo.com)

Mr. Pipkin was named a 2012 Texas Super Lawyer in Construction/Surety and 2004 Texas Rising Star by Texas Monthly and Law and Politics Magazine.  “ Super Lawyers” are selected using a rigorous, multistage process in which peer nominations and evaluations are combined with Texas Monthly’s own independent research.

Mr. Pipkin is a deacon at Prestoncrest Church of Christ in Dallas, where he serves as Chair of the Adult Education Committee, Chair of the Ministry and Deacon Administration Committee, and Co-Chair of the College Ministry Team. 

Mr. Pipkin is also a member of The Order of the Flags of La Fiesta de las Seis Banderas. The Order of the Flags is comprised of men living in Highland Park, University Park, and the Highland Park Independent School District. The organization supports La Fiesta de las Seis Banderas in all its efforts with particular emphasis in the various aspects, purposes, goals and fund raising of La Fiesta, which supports many various Park Cities community beneficiaries and provides ongoing maintenance for the Park Cities Heritage House at Dallas Heritage Village.

Presentations and Publications

Mr. Pipkin is a nationally recognized speaker and writer on advanced topics in the surety and construction industries. His articles and speeches include the following:

• "Legal Approaches and Remedies for Lost Productivity and Disruption Claims”, co-authored with Jeff L. Ottesen, in Construction Damages: An In-Depth Analysis (C. Langfitt, B. Lee, and R. Niesley eds., 2013), presented at the MidWinter Meeting Construction Program of the Fidelity and Surety Law Committee of the American Bar Association’s Tort Trial and Insurance Practice Section (New York, New York 2013).
• The Use of Technology in Presenting the Case for Trial, unpublished paper co-authored with Susan Koehler Sullivan and Chris Hazelman, presented at the MidWinter Meeting Fidelity Program of the Fidelity and Surety Law Committee of the American Bar Association’s Tort Trial and Insurance Practice Section (New York, New York 2013).
• "Off the Beaten Path:  The Federal Circuit Departs from Precedent in Lumbermens," Fidelity & Surety Law Committee Newsletter 1 (Winter 2012).
• Insurance Claims, unpublished paper co-authored with John Sebastian, presented at the Mid Winter Meeting Construction Program of the Fidelity and Surety Law Committee of the American Bar Association's Tort Trial and Insurance Practice Section (New York, New York 2012)
• "Types of Claims Covered" co authored with Nina S. McDonald and Jason Stonefeld, in The Law of Payment Bonds, 2nd Ed. (K. Lybeck, W. Lambert, and J. Sebastian eds., 2011), presented at the Spring Meeting of the Fidelity & Surety Law Committee of the American Bar Association’s Tort Trial and Insurance Practice Section (Lake Geneva, Wisconsin 2011).
• Section Chair of the 2011 MidWinter Meeting of the Fidelity & Surety Law Committee of the American Bar Association’s Tort Trial and Insurance Practice Section in New York City.  The one-day conference, titled “When The Walls Come Crumbling Down:  The Critical Construction Issues Facing the Performing Surety,” focused on identifying, defining, and establishing the scope of work following default or following receipt of a performance bond claim, negotiating the contract balance and securing payment or credit following default or in resolving a performance bond claim, and calculating the principal’s time to complete and the surety’s time to complete following default.
• Co-Chair of the 2009 MidWinter Meeting of the Fidelity & Surety Law Committee of the American Bar Association’s Tort Trial and Insurance Practice Section in New York City. The two-day conference, titled “Public-Private Partnerships, Co-Suretyship, and Co-Insurance: Managing Risk within Joint Ventures in Construction, Surety, and Fidelity,” included presentations from national leaders on the topic, who addressed how America will confront and address overwhelming infrastructure needs in the near and long term. In addition to his role as Co-Chair, Mr. Pipkin moderated a discussion on what Public-Private Partnerships mean for America’s future with a former Under Secretary and Administrator from the US Department of Transportation, and co-authored “Public-Private Partnerships: An Overview,” published with the program’s materials.
• “The Surety’s Enforcement of its Rights to Collateral from the Principal and the Indemnitors,” co-authored with Shannon J. Briglia and David C. Olson, in The Surety’s Indemnity Agreement: Law and Practice, 2nd Ed. (M. Klinger, G. Bachrach, and T. Haley eds., 2008), presented at the Spring Meeting of the Fidelity & Surety Law Committee of the American Bar Association’s Tort Trial and Insurance Practice Section (Kansas City, Missouri 2008).
• Numerous in-house client presentations on a multitude of claims handling topics, based on Sedgwick's Texas Surety Law Deskbook .
• Presenter on “AIA vs. ConsensusDOCs,” a WPL Publishing webinar.
• “Texas,” in Payment Bond Manual (W. D. Lambert, T. R. Braggins, and J. B. Wilcox eds., 3rd Edition 2006).
• "Texas," in Contractor's State License Bonds Desk Reference (E. D. Lodgen, C. Squillace, and M. D. Herbert eds. 2006).
• Recent Developments in Fidelity and Surety Law," Lead Author, 40 Tort Trial & Insurance Practice Law Journal 447 (2005).
• Takeover and Tender, presented at the Outreach Back to Basics Contract Surety Claims Handling program of the American Bar Association Tort Trial and Insurance Practice Section Fidelity and Surety Law Committee (Seattle, Washington 2004).
• Surety Law Update, presented at the 29th Annual Meeting and Seminar of the Surety Claims Institute (Hot Springs, Virginia 2004).
• Sovereign Immunity in Texas:  "Thank You, Sir.  May I Have Another?", presented at the 5th Annual Conference of the Gulfcoast Fidelity & Surety Institute (Boca Grande, Florida 2003).
• The Trial: Trying to Win, or Just Trying (unpublished paper presented at the Mid Winter Meeting of the Fidelity and Surety Law Committee of the American Bar Association's Tort Trial and Insurance Practice Section (New York, New York 2003).
• The IRS and The Surety: Prying from Cold, Dead Hands, presented at the 4th Annual Conference of the Gulfcoast Fidelity & Surety Institute (Boca Grande, Florida 2002).
• Claims on Payment Bonds - The How's and How Not's, presented at the 65th Annual Conference of the National Petroleum Energy Credit Association (Frisco, Texas 2002).
• "Types of Claims Covered, Supplement," original text authored by Kelly A. Katzman, in The Law of Payment Bonds (K. Lybeck and B. Shreves eds., 1998), presented at the Fall Meeting of the Fidelity & Surety Law Committee of the American Bar Association's Tort Trial and Insurance Practice Section (Baltimore, Maryland 2001).
• "The Surety's Liability for Misconduct of Co-Fiduciaries, Non-Estate Property Obtained Under Color of Office, and Fiduciaries Serving the Estate in Multiple Capacities," in The Law of Probate Bonds (J. Frank and W. Downing eds., 2001), presented at the Annual Meeting of the Fidelity & Surety Law Committee of the American Bar Association's Tort Trial and Insurance Practice Section (Chicago, Illinois 2001).
• Current Issues Involving Claims Against Directors and Officers, Strasburger & Price, LLP Corporate Counsel Series (Dallas, Texas 2000).
• Rending the Veil: Discovery and Admissibility of Claim and Underwriting Files, Reinsurance Communications, and Reserves, presented at the 24th Annual Meeting and Seminar of the Surety Claims Institute (Hershey, Pennsylvania 1999).
• "Discovery and Admissibility of Reserves," Co-author, 34 Tort & Insurance Law Journal 191 (1998), presented at the Annual Meeting of the Fidelity and Surety Law Committee of the American Bar Association's Tort and Insurance Practice Section (Toronto, Ontario, Canada 1998).
• "Bank's Perfected Security Interest in Defaulting Principal's Personal Property has Priority over Surety's Equitable Subrogation Interests," Fidelity & Surety Law Committee Newsletter 8 (Spring/Summer 1998).
• "Types of Claims Covered," authored by Kelly A. Katzman, in The Law of Payment Bonds, presented at the Mid Winter Meeting of the Fidelity and Surety Law Committee of the American Bar Association's Tort and Insurance Practice Section (San Francisco, California 1998).
• "What is a Construction Surety Bond and Form and Content of Bid and Performance Bonds," in Construction Surety Bonds in Texas, Lorman Education Services (Dallas 1996).