Jay R. McKiever
BIOGRAPHY
Jay McKiever is a member of Kelly Hart’s Real Estate Group, specializing in construction law. Mr. McKiever primarily represents real estate owners, developers, and lenders in a wide range of construction transactions, disputes, and other related project matters. His expertise includes drafting, negotiating numerous types of construction, design, and consulting contracts, as well as other project-related documents for various project types and delivery methods throughout Texas and other states.
Mr. McKiever has a particular focus on healthcare, public works, commercial, industrial developments. He also has experience working on projects in the office/retail, condominium, multifamily, sports and entertainment, and various other sectors of the real estate and construction industries. From preparing procurement and solicitation documents to drafting complex design and construction documents, Mr. McKiever represents both private and public clients in their real estate development needs. He is familiar with guiding public entities through the tedious procurement process and providing clients with practical insight and resolutions to the various legal issues and project-specific matters encountered throughout the design and construction process.
Before entering the legal profession, Mr. McKiever earned his master’s degree in civil engineering and worked as a geotechnical engineer and forensic engineer. His advanced engineering degrees and extensive hands-on experience in construction, engineering, and project management allow him to better understand his clients’ needs and offer creative, effective, and efficient solutions for their development, design, and construction efforts.
EXPERIENCE AND HIGHLIGHTS
HEALTHCARE | LIFE SCIENCE
- Drafted and prepared a comprehensive suite of competitive solicitation documents, including design, consulting, construction, and design-build contracts for a Texas public healthcare entity, and assisted the client in implementing an approximately $1 billion master construction and development plan for a new hospital campus.
- Negotiated and collaborated with opposing counsel, public municipalities, other project team members to develop multiple new hospital buildings and supporting facilities on a project-by-project basis.
- Assisted in the drafting and negotiating of numerous design and construction agreements for the development of a proposed multi-billion-dollar medical facility in Texas.
- Assisted shareholder as the lead associate in the drafting and negotiation of construction contracts, bonds, and other project documents for a $34 Million multi-phase medical park development with both private and public development components.
COMMERCIAL | INDUSTRIAL
- Worked directly with the project team and opposing counsel to successfully negotiate and prepare the construction contract for a $58 Million commercial development in El Paso, Texas.
- Multi-level involvement in negotiating design and construction contracts for various industrial developments nationwide, including but not limited to several multi-phase industrial warehouse developments in California.
- Prepared multiple construction, design, and consulting agreements for numerous commercial tenant improvement projects across the country.
- Drafted a comprehensive suite of modified AIA and custom-form design and construction contract templates for use on commercial developments in Arizona, California, Colorado, and Texas.
PRE-LITIGATION DISPUTE RESOLUTION
- Assisted clients in multiple project disputes by drafting and analyzing various mechanics’ liens and the associated notice requirements and deadlines for several contractors, subcontractors, and lower tier sub-subcontractors and suppliers on Texas projects.
- Assisted shareholders by actively participating in the early stages of a construction defect disputes by leading site visits to evaluate defects and property damage.
- Supported Texas condominium association by negotiating necessary building repairs with construction and design team, and counseled client regarding construction administration issues to reduce potential risk profile.
AFFILIATIONS
- State Bar of Texas – Construction Law Section
- Tarrant County Bar Association
- The Real Estate Council
- Dallas Bar Association
- Stemmons Corridor Business Association
EDUCATION
- Texas A&M University School of Law, J.D., 2021
- Texas Tech University, M.S., Civil Engineering, magna cum laude, 2018
- University of Mississippi, B.S., Geological Engineering, 2013
ADMISSIONS
- State Bar of Texas, 2021
