Biography

The goal of my practice is to provide innovative and value-driven solutions to the litigation-related problems facing the client. This objective has been successfully achieved through direct and open communication with the client, an early and immediate assessment of the issues, strategic evaluation of the problem and its solution, and aggressive representation.

A significant focus of my practice relates to the representation of developers, owners and managers of commercial real estate in state and federal court, including tenant disputes, easement and restrictive covenant enforcement, condemnation, adverse possession, construction litigation, lien enforcement, and creditor bankruptcy representation. I have lectured to my peers in the legal community, including articles in nationally circulated legal and trade publications on various issues affecting commercial landlords and property managers and the employment of measures calculated to bolster the client's position should a tenant bankruptcy occur.

Since August 2009 I have been actively involved with The Houston Parks Board, a non-profit  organization dedicated to promoting the importance of parks and green space. The organization provides advocacy and services for the preservation, enhancement and expansion of parks in our community. I currently serve on the Board of Directors.

From 2004 - August 2009, I was actively involved with The Park People. In 2009, as Chairman of the Board, I facilitated a merger of The Park People into the Huston Parks Board.  My commitment to improving the quality of life in Houston through green spaces continues through service with The Houston Parks Board.

Representative Matters

• Represented a developer of a residential master plan community in connection with multi-million dollar lawsuit brought by grading contractor and counter-claim for liquidated damages against the contractor.
• Represented the owner of co-generation plant in condemnation proceedings brought by pipeline owners exercising power of eminent domain. Litigation resulted in favorable settlements, enabling client to realize several hundred thousand dollars in compensation for the takings.
• Represented the owner of shopping mall in connection with a lawsuit against tenant and guarantor for breaching payment and performance obligations arising under a long-term lease agreement. After two-day bench trial, obtained multi-million dollar judgment against tenant.

Education

• JD, South Texas College of Law
• BBA, University of Texas

Affiliations

• Houston Bar Association
• Texas Bar Association (Fellow)
  
• American Bar Association
• Texas Bar Foundation

Community

• The Houston Parks Board — Board of Directors
• The Park People (former Chairman of the Board of Directors)

Representative Matters

• Represented the owner and developer of a 10,000-acre master planned residential community in successfully setting aside and vacating a $187 thousand default judgment obtained against our client on a bill of review.
• Represented an international supplier of electronic sub-sea equipment against a foreign construction and engineering service support provider. Successfully obtained summary judgment of approximately $225 thousand against the opposing party in actual damages and attorney fees.
• Represented the developer of residential master plan community in connection with a lawsuit brought by a contractor for defects in the construction of a faux bridge structure and defending claims for payment by contractor.
• Represented a shopping mall owner in connection with a lawsuit against large retail department store over the rights and obligations arising under an agreement covering the operation and maintenance of the underlying retail development.
• Represented a former tenant of a Houston-area retail shopping plaza in connection with a lawsuit over the landlord's constructive eviction of the tenant from the leased space.
• Represented a shopping mall owner in connection with a lawsuit against tenant and guarantor for breaching payment and performance obligations arising under a long-term lease agreement.
• Represented a shopping mall owner in connection with eviction proceedings against tenant.
• Represented a large Real Estate Investment Trust and shopping mall manager in connection with all disputes with tenants in properties located in north, central and southeast Texas.
• Represented a company in the business of aircraft engine maintenance and repair in the prejudgment seizure of a privately owned Boeing 737 aircraft. Litigation resulted in a favorable settlement, enabling client to receive payment and recovery of attorneys' fees.
• Represented a company in the sheet metal industry in the prejudgment seizure of an office building owned by the prejudgment debtor. Litigation in a favorable settlement, enabling client to recover the value of its services and recovery of its attorneys' fees.
• Represented a large Real Estate Investment Trust and shopping mall manager in connection with eviction proceedings against tenants in properties located in north, central and southeast Texas.
• Represented the seller of acute care centers in action brought by buyer for fraud and breach of contract alleged to have arisen in connection with asset purchase transaction. Litigation resulted in favorable summary judgment ruling on buyer's claims for breach of contract. At trial on buyer's fraud claims, made successful motion to exclude damages testimony of buyer's expert, resulting in directed verdict on buyer's fraud claims.
• Represented a commercial office building owner in connection with lawsuit brought by adjoining property owner for failing to maintain commonly areas of office park development consistent with operating agreement. Litigation resulted in dismissal of all claims against client.
• Represented the seller of nursing home assets in action brought by buyer for fraud and breach of contract alleged to have arisen in connection with asset purchase transaction. Litigation resulted in favorable summary judgment ruling on buyer's claims for fraud and breach of contract.
• Represented a seller of vocational trade school assets in action brought by students who alleged client had defrauded them and breached educational contracts in connection with the transferred assets. Obtained full dismissal of all students' claims through the litigation.
• Represented the owner of a shopping mall in connection with lawsuit brought by tenant seeking writ of reentry into the leased premises following repossession by owner. Successfully defended writ and obtained judgment for recovery of attorneys' fees for filing lawsuit in bad faith.
• Defeated an injunction request of a tenant in state district court seeking to halt eviction proceedings instituted by landlord client. Litigation resulted in favorable summary judgment ruling on tenant's claims for constructive eviction, breach of implied warranties, fraud and breach of contract.
• Successfully removed mechanics' and materialmans' liens recorded against improved real property claimed by subcontractors through summary proceedings available under Texas Property Code. 

Publications

Know What Your Tenant is Selling: When Tenants Sell Knock-off Goods, Landlords Pay
co-written by Lee A. Collins
The International Council of Shopping Centers - Retail Law Strategist
September 2006

When Tenants Sell Luxe Knock-offs, Landlords May Pay the Price
co-written by Lee A. Collins
Houston Business Journal
June 16, 2006

No Good Deed Goes Unpunished: Workouts and the Importance of Preparing for the Tenant's Bankruptcy
The International Council of Shopping Centers - Retail Law Strategist
February 2005

Landlord Can Leverage Position in Bankruptcy of a Retail Tenant
Houston Business Journal
January 21, 2005

Quiet Before the Storm: Fortifying the Landlord's Position Before the Tidal Wave of Tenant Bankruptcy
Commercial Leasing Law & Strategy
December 2004

When the Best Defense is a Strong Defense: A Commercial Landlord's Guide to Dealing with Financial Distress and the Bankruptcy of a Tenant
co-written by Lee A. Collins
The American Bar Association - Probate and Property
Nov/Dec 2004

Presentations

Landlord/Tenant Dispute
South Texas College of Law - Real Estate Conference
June 2, 2011

Landlord Commercial Lease Remedies: A Current View
by Lee Collins and Andrew Pearce
South Texas College of Law - Real Estate Conference
June 2008

Awards and Recognitions

• Selected for inclusion as a Texas Super Lawyers Rising Star (2008, 2007, 2006)
• Selected for inclusion as an H Texas Magazine Lawyers on the Fast Track (2005, 2004)

Alerts

Implied Warranty Recognized in Commercial Construction
by Lee Collins
March 25, 2010

In an opinion and order issued March 12, 2010, Federal Court in the Southern District of Texas recognized, under Texas law, the existence of implied warranty of good and workmanlike performance in commercial construction.

In denying a motion for summary judgment filed against a BoyarMiller client, the Judge's accompanying opinion held that the implied warranty extends beyond ordinary vulnerable home buyers in the residential context to sophisticated entities in a commercial context, where the contractor failed to complete the work it was required to perform under the parties' contract.

Press Releases

February 11, 2010

December 21, 2009

November 03, 2009