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President, Co-Founder & Managing Director
Mark Brewer is principal and co-founder
of Brewer & Pritchard and has acted as managing
director since the firm’s founding in 1991. He
manages an office of 20 professionals. Brewer
& Pritchard, P.C. has been rated as “A.V.” for
professional excellence and highest ethical standards
(continuously since 1992).
Mr. Brewer is especially recognized, both nationally
and globally, as one of the most respected and
knowledgeable attorneys in the litigation and
resolution of construction design and defect
issues for high-rise commercial buildings. Actively
engaged in the firm’s trial and litigation practice,
he has 30 years of experience in complex business,
tort and commercial litigation, large contract
negotiations and arbitration, and other forms
of dispute resolution.
Mr. Brewer has tried cases in the JAG, federal,
and state courts and has taken trials to bench
and jury where he has won numerous multi-million-dollar
jury verdicts, resolving complicated problems
for hundreds of clients while maintaining the
highest ethical and moral legal standards.
He lectures and publishes on commercial construction
litigation topics as well as constitutional,
legal, and public topics worldwide. Prior to
co-founding Brewer & Pritchard, Mr. Brewer was
a practicing attorney for Winstead, McGuire,
Sechrest & Minick in Houston, Texas, and Margolin
& Kirwan in Kansas City, Missouri. He also served
as Chief Military Justice & Assistant Staff Judge
Advocate for the U.S. Air Force between 1983
and 1987, where he handled over 65 jury trials
while stationed at Eglin Air Force Base, Florida,
and RAF Mildenhall, England.
Admissions
- Texas Bar (1988).
- Missouri Bar (1981).
- U.S. Supreme Court (1996).
- U .S. Courts of Appeal (2nd, 5th, 6th, 8th
Circuits).
- U.S. District Courts for the Western District
of Missouri (1981); Northern, Southern and
Western Districts of Texas.
- U.S. Court of Appeals for the Armed Forces
(1983).
Practice Areas
- Business, tort and commercial litigation.
- Mediation.
- Arbitration.
- Constitutional law issues; public interest; pro-bono.
Case Expertise
- Criminal and “quasi” criminal prosecutions (over 65 jury trials for U.S. Air Force).
- Patent and trade secret litigation.
- Securities fraud jury trials.
- Construction jury trials, bench trials, and arbitrations.
- Employment arbitrations.
- Copyright dispute resolution.
- Defamation jury trials (both slander and libel).
- Business torts jury trials (theft, fiduciary duty, commercial fraud).
- Business owner disputes jury trials.
- Complex, multi-jurisdictional litigation and jury trials involving failures of curtain walls on
various monumental buildings, design defects, and other construction defects.
- Multi-state, multi-district commercial insurance policy coverage litigation.
- Co-generation power plant litigation representing multi-national engineering and design firms (ENR 100).
- Design/build, waste-to-energy (“resource recovery”) litigation.
- Engineering and design of toxic chemicals reactor train construction project litigation.
- Environmental and alternative waste-water treatment plant litigation.
- Surety payment and performance bond litigation and jury trials, including construction and
miscellaneous surety bonds.
- Fidelity bond litigation.
- International contract litigation.
Representative Cases
- US ex rel American Bank v. CIT
Constr., 944 F.2d 253 (5th Cir.
1991) (“Miller Act” surety bond litigation).
- Harvey Const. Co. v. Robertson-Ceco
Corp., 10 F.3d. 300 (5th Cir.
1994) (defective high rise building curtain-wall
litigation).
- Metropolitan Life Ins. v. Robertson-Ceco
Corp., 84 F.3d 560, (2nd Cir.
1996); certiorari denied, 519 U.S. 1007 (1996),
117 S.Ct. 508, 136 L.Ed.2d 398, (constitutionality
of in personam, specific jurisdiction in construction
defect litigation).
- Gundle Lining Const. Corp. v.
Adams County Asphalt, Inc., 85
F.3d 201 (5th Cir. 1996) (establishing federal
in personam jurisdiction over surety bond principal
where surety pays bond obligation).
- Morales v. Daley (the “Census
Case”), 116 F. Supp. 2d 801 (S.D.
Tex. 2000) (obtained restraining order against
Census Bureau director—a first in U.S. history;
challenged constitutionality of threat of criminal
prosecution in connection with “long form”).
- Comerica Bank vs. Banco Lavra,
2006 WL 1547719 (failed merger of U.S. and
Brazilian bank; U.S. District Court, Michigan).
- Brewer & Pritchard, P.C. v. Nick
Johnson and James Chang, 73 S.W.3d
193 (Tex. 2002) (establishment of fiduciary
duty of associate attorney to law firm employer).
- Scott Bader, Inc. v. Sandstone
Products, Inc., 248 S.W.3d 802
(Tex.App.-Houston [1 Dist.] 2008) (appeal following
2-month jury trial and multi-million verdict
for client).
- U.S. v. Ramos,
537 F.3d 439 (5th Cir. 2008); certiorari denied,
129 S.Ct. 1615 (represented Congressmen Ted
Poe, Walter B. Jones, Virgil H. Goode, Jr.,
Gun Owners Foundation, U.S. Border Control
Foundation, U.S. Border Control, and Conservative
Legal Defense and Education Fund—Amici Curiae,
in Second Amendment case involving border agents
prosecuted under 18 U.S.C. §924(c)(1).
- U.S. ex rel. Bowman v. Computer
Learning Centers, 73 Fed.Appx.
735 (5th Cir. 2003) (represented qui tam relator
in Title IV “whistle-blower” litigation).
- In re Enron Corp. Securities,
Derivative & "Erisa" Litigation;
2006 WL 3316876 (represented single largest
unsecured creditor of Enron in accounting fraud
litigation).
- In re EbaseOne Corp.;
2006 WL 2405732 (securities fraud litigation
on behalf of U.S. Trustee)
- Naves v. National Western Life
Ins. Co.; 2009 WL 2900755 (suit
to enforce foreign judgment).
- American Heritage, Inc. v. Nevada
Gold & Casino, Inc.; 259 S.W.3d
816 (Tex.App.–Houston [1 Dist.] 2008) (breach
of contract between casino facilitator and
developer).
- Saint Joseph Orthodox Christian
Church v. Spring Branch Independent School
Dist.; (Tex.App.–Houston [14th
Dist.] 2003); 110 S.W.3d 477 (ad valorem tax
exemption litigation, pro bono).
Memberships & Board Appointments
- Life Fellow, Texas Bar Foundation.
- Committee Member, American Bar Association (Tort and Insurance Practice Section; Fidelity and Surety
Law Committee; Forum Committee on the Construction Industry).
- Associate Member, Associated General Contractors.
- Member, Associated Builders & Contractors.
- Past member, Royal Institute of International Affairs, London (1984-1986).
- Past Board of Directors Member, Houston Symphony (1994-1996).
Publications
- "Effect of Notice Requirements on Differing
Site Conditions Clauses" in Proving and
Pricing Differing Site Condition Claims,
Robert Cushman, ed. (John Wiley & Sons, Inc.
1992).
- Supplement to Differing Site Condition
Claims (John Wiley & Sons, Inc. 1993).
- Various papers presented at continuing legal education conferences.
Speaking Engagements & Media Appearances
- Sought-after guest expert on legal and public policy issues for media outlets including Fox Business
News, C-Span, and The John Matthews Show, KTRH Houston.
- Trinitas Radio Network (Romania).
- Speaker to all incoming U.S. military personnel to England from 1983 to 1984.
- National Press Club, Washington, DC.
Teaching
- Business Law Instructor, University of Maryland.
- Speech Instructor, University of Maryland.
- Business Law instructor, Troy State University.
Academic Achievements
- Juris Doctor—University
of Missouri, Kansas City (1981).
- Master of Arts, International Relations—University
of Southern California at Cambridge, England
(1985).
- Bachelor of Music Education—Oral
Roberts University (1978).
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