Cody J. Lewis practices construction, real estate and business law. Cody focuses his practice primarily on construction law. He has practiced law since 2010. After his first five years of practice in Dallas, Cody joined Hayes, Berry, White & Vanzant in Denton. Before he was licensed to practice law, Cody also worked in the construction industry. His legal practice is complemented by field experience with an HVAC subcontractor/supplier and his uncle’s commercial and residential general contracting business in the Dallas Fort Worth metroplex.
Cody represents construction industry participants in routine and complex construction litigation matters and contract negotiation and drafting. He represents municipalities, owners, developers, contractors and suppliers.
Areas of Law
- Construction Litigation
- Construction Transactions
- Commercial and Residential Real Estate
- Landlord and Tenant Law
Represents municipalities, owners, developers, contractors and suppliers in litigation and arbitration involving non-conforming and defective work, contractor default and termination, delay, scheduling, performance and payment bond, lien and payment issues.
- Turntable repair and diesel shop floor and ramp canopy replacement in Houston, Texas
- Project consists of removal and demo of rail and rail ties and installation of new rail support system, catch basins and storm sewer tie-in and replacement of wall cap and regrade; design and geotechnical investigation, demo and installation of shop floor, slab floor system, track foundations, single-axle drop table and drop table pit and in-building industrial waste system; demo and infill of ramps, reconstruction of ramps, installation of canopy, removal of jib cranes, repair of piers, steel roof truss and gutters and replacement of downspout system.
- Represent common carrier involving mechanics lien claims in excess of $7 million, defective work claims, design and environmental evaluation and surety disputes.
- New trunk sewer interceptor connection in Celina, Texas
- Project consists of construction of interceptor connection to trunk sewer of over 10,000 linear feet of 21 inch ASTM F679 sanitary sewer interceptor.
- Represent municipality in dispute involving general contractor and surety, including project delays, trespass and damage to real and personal private property, non-payment claims and surety defenses.
- New multi-family apartment complex in Frisco, Texas
- Project consists of nine buildings, clubhouse and pool, with over 300 units. Project funding through a HUD insured construction loan.
- Represent owner and obtain $4 million reduction of general contractor’s $6 million mechanics lien affidavit through motion for summary judgment.
- New office for dental practice in Frisco, Texas
- Represent owner pursuing delay and construction defect claims against general contractor, supplementing general contractor’s workforce and defending against subcontractor non-payment claims.
- Represent concrete subcontractor in arbitration of payment bond claims on air force base projects
- Resolve non-payment lawsuit by a pool subcontractor against general contractor in which client successfully paid nothing to defaulting subcontractor
- Represent multiple residential developers in defending against homeowner claims alleging defective, delayed and incomplete work and in general contractor abandonment and termination scenarios
- Represent multiple owners and contractors in summary motions and responses to remove liens
- Multiple cases representing developers, contractors and suppliers defending and pursuing payment claims under breach, mechanic’s lien, payment bond, fiduciary duty, Trust Fund Act and fraud causes of action.
Represents municipalities, owners, general contractors and subcontractors and provides counsel regarding general project issues, contracts, negotiation, lien and bond claims and oversight of outside counsel. Matters include:
- Represent international venture capital investors in engineering, procurement, construction, management, development and financing renewable and nonrenewable energy operations in the U.S. Assets include multi-state wind farms, biomass plants and coal mines. Responsibilities include oversight of local counsel and construction contractors, procurement and negotiating and drafting contracts.
- Represent industrial, commercial paint and powder manufacturer in drafting and negotiating $4 million design-build contract for manufacturing, distribution and metallic bonding facility
- Represent lighting systems designer and supplier in drafting and negotiating design-bid-build contract for 26,000 sf headquarters.
- Represent municipalities and commercial and residential owners in variance applications and appeals
- Advise multiple municipalities, owners, contractors and suppliers in drafting and negotiating construction contracts
Commercial and Residential Real Estate Litigation
Represents municipalities, owners, developers, landlords, tenants and HOAs in litigation involving title disputes, land use, restrictions, condemnation and trespass.
- Represent developer of luxury residential subdivision and trustee in foreclosure of deed of trust against common areas in Denton County, Texas.
- Subdivision homeowners association signed $500,000 promissory notes and deed of trust payable to developer for improvements to common areas. Home owners defaulted under promissory notes. Homeowners association filed multiple claims against developer and deed of trust trustee to avoid paying notes and foreclosure. Obtained nonsuit of developer and trustee and client’s ownership of title to common areas through foreclosure sale.
- Represent limited partnerships and guarantor in recovery of past due rent, under landlord’s assignment of claims against limited partnerships and guarantors.
- Clients assigned 125-month lease of 12,534 square feet of commercial retail space in Collin County, Texas to assignees who defaulted by failing to pay rent. Clients paid rent to landlord, and landlord assigned its claims against assignees to clients. Clients filed claims under civil conspiracy, tortious interference, fraud and breach of assignment of lease and asset purchase agreement claims, including alter ego liability through veil piercing, against assignees. Clients recovered a half-million dollar settlement from assignees.
- Represent commercial tenant against landlord’s claim for alleged damages to property after tenant vacated property and prosecuting counterclaim for return of six-figure security deposit. Obtained summary judgment denying landlord’s claim for damages and ordering landlord to return full amount of security deposit to client.
- Represent owners of multi-family assets in landlord/tenant disputes, including evictions, collection of unpaid rents and defense of ADA and Civil Rights claims.
- Represent landowners in condemnation proceedings
- Represent multiple property owners defending title and obtaining clear title to real property
- Multiple matters representing homeowners association in enforcement of restrictive covenants
- Multiple cases representing Texas entities recovering judgments in foreign jurisdictions through domestications
- Represent municipalities in enforcement of zoning restrictions against commercial and residential owners
Represents small to mid-sized businesses in entity formations, purchase and sale of entity assets and business valuations.
- Represent veterinarian in regional partnership proposal for company agreement and veterinarian financed construction of veterinarian office
- Represent pharmacy owner in sale of pharmacy
- Multiple matters representing principals in forming LLCs and S Corps and drafting and negotiating bylaws, company agreements and other governing documents
- U.S. District Court, Eastern Division
- U.S. District Court, Northern Division
- National Business Institute, Collections: Seeking and Collecting a Judgment CLE, September 2012 Post-Judgment Collection Strategies
- Special Citizens Bond Advisory Committee 2019
- Leadership Denton 2019
- Denton County Bar Association