Thomas R. Stauch Attorney

First Admitted: 1995, Texas

Professional Webpage: https://www.ns-law.net/Attorneys/Thomas-R-Stauch.shtml

Bar/Professional Activity:

The State Bar of Texas, 1995
Construction Law Section - The State Bar of Texas
Member - Dallas Bar Association

Verdicts/Settlements (Case Results):

Tom Stauch successfully defended a national homebuilder in an arbitration filed by the a homeowner asserting claims of negligence, marketing defect, and design defect related to the attic and attic access ladder. The homeowner sustained serious injuries after inadvertently stepped on the attic pull-down ladder and falling to the garage floor below. After rejecting multiple reasonable pre-arbitration offers of settlement, the claimant continued to demand $750,000 to settle his claims. Following the evidentiary hearing, the Arbitrator found that the claimant was aware of the attic pull-down ladder and the dangers of stepping on it, needed no warnings, and disagreed that the attic was unreasonably dangerous. The Award in the homebuilder’s favor denied the claims of negligence and further denied claimant’s theories of marketing and design defect. The claimant was denied any recovery., 2023
Tom Stauch secured a summary judgment for a land developer and builder accused of increasing storm water volume and rate into the downstream neighbor’s property. After more than 10 years of negotiations and threats of litigation, the landowner filed suit against the developer, builder, HOA, and property management company for various causes of action, including nuisance, trespass, negligence, as well as fraud, breach of contract and promissory estoppel. Tom moved for summary judgment on the neighbor’s claims against the HOA and management company, and those claims were then voluntarily dismissed. Tom then filed a motion for summary judgment on the neighbor’s remaining claims against the builder / developer, and that motion was granted. Even after the ruling, Tom attempted to negotiate a resolution, but the neighbor appealed and still demanded $700,000 to settle his claims. The Fort Worth Court of Appeals affirmed the trial court’s ruling, and the neighbor recovered nothing. Read the opinion here. Undeterred, the claimant attempted to appeal again to the Texas Supreme Court, which rejected the petition without the necessity of a response from the firm’s builder / developer client., 2024
Tom Stauch and Doni Mazaheri secured a summary judgment victory for a commercial client that specialized in distributing personal protective equipment during the COVID-19 pandemic. The plaintiff was a former marketing agent who had a contract with the distributor, seeking more than $2,000,000 in damages based on claims for breach of contract and fraud. At the hearing on the parties’ competing motions for summary judgment hearing, the critical issue in the case was the interpretation of the parties’ contract language. The judge ruled in favor of the client distributor, denied all four motions for summary judgment filed by the plaintiff, and dismissed the plaintiff’s claims for breach of contract and fraud., 2022
Tom Stauch successfully defended a national homebuilder in an arbitration filed by the claimant homeowners claims of negligence, DTPA violations, and breach of the structural and habitability warranties filed by the second owners of the home. As the second owners of the home, the claimants resisted arbitration as non-signatories to the sales contract and warranty, but after two trips to the Austin Court of Appeals, they were compelled to arbitrate. Because the home experienced multiple episodes of water penetration, particularly in the basement, the homeowners claimed these defects were caused by the homebuilder’s original inadequate installation of waterproofing and French drains. However, Tom uncovered evidence to prove the original homeowner substantially altered the home shortly after closing in order to finish out and make the basement into a habitable space. In doing so, the remodel contractor altered or damaged some of Toll’s original waterproofing and French drains. Further, even though the first owner failed to make adequate and truthful disclosures, the claimants knew about the water penetration and mold in the basement at the time of their purchase, and even negotiated for a discounted purchase price. After rejecting a pre-arbitration offer of $75,000, and presenting a claim for damages of $597,698 at the hearing, the claimants were awarded a total of only $28,908., 2020
After successfully defending the firm’s HOA client at trial against a seven-figure claim brought by the former developer gone bankrupt, Tom Stauch partnered with co-counsel Dusty Fillmore and Bryan Bruner to defeat the developer’s appeal at the Fort Worth Court of Appeals and preserve the victory for the firm’s client. Read the opinion HERE., 2020
Tom Stauch settled a construction defect claim filed by a homeowners association for $5.9 million in connection with a 39-unit condominium project. After joining the responsible subcontractors to the case, the claim was settled for a fraction of the demand, and the settlement was funded almost entirely by subcontractors as opposed to the firm’s client. , 2019
Tom Stauch secured a final judgment based on the 2017 arbitration award in favor of his client against her former divorce lawyers and their law firm. The defendants were Board Certified Family Lawyers in Dallas and serve as officers of the American Academy of Matrimonial Lawyers, but were found to be negligent in connection with their representation, including their failure to disclose potential conflicts of interest based upon their own prior work on the client’s marital property agreement. Some of the damages awarded were disgorged legal fees originally charged by the lawyers during the divorce trial, based upon a breach of their fiduciary duties to the client., 2018
Tom Stauch and Ryan Gentry secured a victory for the firm’s clients in a breach of contract case stemming from a failed business purchase agreement. The lawsuit was filed seeking to a lawsuit seeking to force the sale of the fencing company our clients have owned and operated for more than 40 years. After the threat of a forced sale was defeated by establishing the contract was invalid and unenforceable, Tom was able to establish the would-be purchaser had misrepresented himself, his company, and his financial commitment to the purchase, leading to a favorable resolution for a mere fraction of the original demand., 2018
In a three-week trial in Tarrant County, Tom Stauch defended his HOA client against claims for breach of loan agreements made by former officers and directors of the HOA. Of the more than $1 million in claimed damages, approximately $75,000 was awarded, which was further offset by findings of breach of fiduciary duty against two of the three former directors and a recovery of $18,000 in damages on the HOA’s own claims., 2017
Tom Stauch, fraud and breach of fiduciary duty asserted by a corporation against its former President. The client was accused of self-dealing and failure to repay a note, and those claims were resolved by summary judgment in the client’s favor., 2017
Tom Stauch orchestrated the settlement of construction defect claims related to roofing, framing, window and door flashing, and stucco installation in a 64-unit condominium regime with claimed damages exceeding $2.5 million., 2017
See additional cases handled by Tom Stauch at www.ns-law.net/Newsroom.shtml

Representative Clients:

See a list of some of Tom Stauch's clients website at www.ns-law.net/Representative-Clients.shtml

Special Licenses/Certifications:

AAA Roster of Arbitrators, 2022

Pro bono/Community Service:

Allen Sports Association - Competition Committee, 2022
Dallas City Council, Urban Rehabilitation Standards Board, 2005
Volunteer mentor - Rountree Elementary School, Allen, Texas, 2017
Volunteer writer - Chase Oaks Church, Plano Texas

Honors/Awards:

The Aggie 100 honors the 100 fastest growing Aggie-owned or Aggie-led businesses in the world. In its 20 years, Aggie 100 has recognized 1,198 Aggie leaders and 975 individual companies with a combined total annual revenue of $103.7 billion. In our first 20 years at Nowak & Stauch, we've had the honor of representing hundreds of outstanding clients - from individuals to Fortune 500 corporations - helping them achieve the desired result in commercial, construction, and real estate litigation ... winning., Aggie 100, McFerrin Center for Entreprenuership - Texas A&M University, 2024
D Best Lawyers, D Magazine, 2024
D Best Lawyers, D Magazine, 2023
D Best Lawyers, D Magazine, 2022
D Best Lawyers, D Magazine, 2021
AV Rated by Martindale-Hubbell from 2005 - Present. An "AV" rating by Martindale-Hubbell's peer review rating system is the highest rating available. The designation recognizes Tom for high ethical standards and "very high to preeminent legal abilities.", AV Rated, Martindale - Hubbell

Educational Background:

Texas A&M University, BBA in Management and Marketing, 1992
Southern Methodist University, Dedman School of Law, JD, 1995

Scholarly Lectures/Writings:

Author, The United States and Vietnam: Overcoming the Past and Investing in the Future, 1994
Author, Insurance and Construction Defects: 'Lamar Homes' Impact on Liability, Texas Homebuilder Magazine, Residential Construction, 2008
Author, Is the Residential Construction Liability Act a Valid Defense for Subcontractors?, Texas Homebuilder Magazine, Residential Construction, 2007

Other Outstanding Achievements:

Super Lawyer, 2024
Super Lawyer, 2023
Super Lawyer, 2022
Super Lawyer, 2021
Super Lawyer, 2020
Super Lawyer, 2019
Super Lawyer, 2018
Super Lawyer, 2017
Super Lawyer, 2016
Super Lawyer, 2015
Super Lawyer, 2014
Super Lawyers - Rising Star, 2009
Super Lawyers - Rising Star, 2004
See website at www.ns-law.net/Attorneys/Thomas-R-Stauch.shtml

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