Derrick Carson has fifteen years of experience representing clients in a wide range of international and domestic commercial disputes. Mr. Carson’s practice is based primarily in the energy, petrochemical and construction industries, but his experience also includes representing companies in financial services, real estate, manufacturing, and health care business. He has tried cases as lead counsel to juries and judges and represented clients before domestic and international arbitration tribunals, including proceedings under the AAA, LCIA, LMAA, ICDR, ICC and UNCITRAL rules. Mr. Carson has acted as lead counsel on appeals and has argued cases before the U.S. Court of Appeals for the Fifth Circuit.
In addition to his commercial litigation practice, Mr. Carson has an international construction law practice. He has represented owners, developers, contractors and subcontractors in connection with a variety of industrial and commercial projects. His experience includes the entire spectrum of construction disputes, including claims related to construction and design defects, delay, extra work, unanticipated conditions, termination and lien, bond and other payment issues. Mr. Carson also regularly advises clients regarding construction contracting matters and assists with project management. He is currently serving a three-year term on the Executive Committee for the North American Branch of the Chartered Institute of Arbitrators.
Education
- J.D., cum laude, Southern Methodist University School of Law, 1997
Articles Editor, Southern Methodist University Law Review Association - B.A., with honors, New Mexico State University, 1994
Bar Admissions
Admitted To Practice
- U.S. Court of Appeals for the Fifth Circuit, 2001
- U.S. District Court for the Southern District of Texas, 1998
- U.S. District Court for the Eastern District of Texas, 2003
- U.S. District Court for the Northern District of Texas, 2009
Representative Experience
Representative Energy Experience
- Represented a multinational energy company in an ad hoc (UNCITRAL) arbitration against an African state-owned oil company regarding a tertiary development project with over three hundred million dollars in controversy.
- Represented a Saudi petrochemicals company against claims of misappropriation of acetyls manufacturing technology.
- Represented offshore drilling rig contractor in an international arbitration (LCIA) against operating company.
- Represented a multinational energy company in a dispute involving over $300 million in claims related to exploration and development of properties in Yemen.
- Represented Canadian and US suppliers of natural gas and power in connection with dispute with US purchaser.
- Represented owner of chemicals trading company in a partnership dispute with fellow owners.
- Defended seismic company accused of hiring competitor’s lead engineer to misappropriate offshore seismic technology.
- Defended an offshore drilling contractor against claims brought by its Saudi agents.
- Representation of publicly traded midstream company in claims arising out of asset purchase agreement.
Representative Construction Experience
- Represented owner of gas processing plant in connection with claims against engineering company related to delays and overcharges.
- Represented owner of offshore production platform in ad hoc international arbitration (UNCITRAL) asserting several million dollars in delay and construction defect claims against EPC contractor.
- Represented a multinational energy company in an international arbitration (ICDR) involving claims arising out of a pipeline construction project in Trinidad.
- Represented owner/developer of cogeneration plant in claims against EPC contractor related to delays and defects in the plant’s construction.
- Represented a subcontractor with a several million dollars in extra work claims against a general contractor related to construction of cogeneration facility.
- Defended owner of natural gas processing plant against a several million dollar extra work claim by turnaround contractor.
- Defended the owner of a AAA professional baseball team against extra work claims arising out of the construction of its ballpark.
- Defended a refinery owner in connection with a several million extra work claim by the general contractor that built a delayed coker unit, sulphur recovery unit, and related refinery expansion.
- Represented a general contractor asserting claims against the owner of a major offshore pipeline. The representation included filing a $75-million dollar lien claim across three states.
- Represented owner of gas processing plants with claims against Korean supplier of defective valves.
- Advised a municipal entity regarding its development of a convention center hotel. The project was completed on time, on budget and without any construction claims asserted against the firm’s client.
Representative Financial Services Experience
- Representation of multiple mortgage servicing companies throughout the State of Texas in cases alleging improper mortgage servicing practices.
- Defense of lenders in claims alleging usury, violations of state and federal lending laws, and deceptive trade practices.
Reported Decisions
- Akerblom v. Ezra Holdings, Inc., 848 F.Supp.2d 673 (S.D. Tex. 2012), aff’d 2013 WL 363112 (5th Cir. 2013)
- Tremble v. Wells Fargo Home Mtg., 478 Fed. Appx. 164, 2012 WL 1957902 (5th Cir. 2013)
- Howe-Baker Engineers, Ltd. v. Enterprise Products Operating, LLC, 2011 WL 1660715 (Tex. App.—Houston [1st Dist.] 2011).
- Williams v. Countrywide Home Loans, Inc., 504 F. Supp.2d 176 (S.D. Tex. 2007).
- Sangi v. Fairbanks Capital Corp., 2006 WL 696565 (S.D. Tex., March 16, 2006), aff'd 2007 WL 625012 (5th Cir. 2007).
- Wismer Distributing Co. v. Brink's Inc., 2005 WL 1840149 (S.D.Tex., August 02, 2005), aff'd 202 Fed. Appx. 729, 2006 WL 2986224 (5th Cir. 2006).
- Worldwide Parking, Inc. v. New Orleans City, 123 Fed.Appx. 606, 2005 WL 375945 (5th Cir. 2005).
- Women's Regional Healthcare, P.A. v. FemPartners of North Texas, Inc. , 175 S.W.3d 365 (Tex. App.--Houston (1 Dist.) 2005).
Publications & Presentations
- Speaker, “Construction Law Update” Annual Harris County Civil District Judges CLE, Houston (August 2012)
- Speaker, “Advocacy in Damages Claims,” at Foro de Arbitraje 2011 “Arbitration and the Recovery of Damages and Loss of Income – the Mexican Legal Regime and International Practice,” Mexico City, Mexico (September 2011)
- Co-Speaker with David Haigh, “International Arbitration” 5th Caribbean Conference on Dispute Resolution, Kingston, Jamaica (April 2011)
- Speaker, Remedies in Rig Construction/Shipbuilding Contracts, International Associate of Drilling Contractors, Houston (October 2008)
- Contributing Author, Negotiating Construction Law Disputes: Leading Lawyers on Evaluating Disputes, Assessing Risks and Deciding the Best Course of Action (Thomson/Aspatore 2008)
- Author/Speaker: Rethinking Construction Project Dispute Resolution, 2007 Construction Contracts Forum, Houston (December 2007)
- Author/Speaker: Selected Issues in Texas Trade Secret Litigation, 2007 Texas Conference for Judicial Studies, Austin, Texas (April 2007)
Professional History
Professional Affiliations & Achievements
- Fellow, Chartered Institute of Arbitrators
- Selected to three-year term on Executive Committee (2012)
- Board Member, Institute for Transnational Arbitration
- Member, State Bar of Texas, Construction Law, International Law and Litigation Sections
- Member, Houston Bar Association, Construction Law Section
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