Practices

Litigation

Construction

Certification

Board Certified, Construction Law, Texas Board of Legal Specialization

Education

J.D. Texas Tech University School of Law, 1990, cum laude, Order of the Coif

B.S. Texas A&M University, 1983, cum laude

Bar Admissions

State of Texas, 1990

U.S. Supreme Court

U.S. Court of Appeals, Fifth Circuit

U.S. District Court, Northern District of Texas

U.S. District Court, Eastern District of Texas

U.S. District Court, Southern District of Texas

Joe Tolbert has represented businesses and individuals for over 26 years. He counsels clients on a variety of business issues and has an active trial practice in the areas of commercial litigation and construction law.  Throughout his career, he has protected his clients’ interests when negotiating contracts and in resolving legal disputes that his individual and corporate clients experience.  As part of his trial practice, he has been the lead attorney in numerous mediations, trials, and arbitrations related to business and construction disputes.  Mr. Tolbert also represents homeowners’ associations assisting with compliance, governance, and litigation issues.

Mr. Tolbert is board Certified in Construction Law by the Texas Board of Legal Specialization- a mark of excellence and distinguishing  accomplishment achieved by fewer than 100 practicing attorneys in the state of Texas. Board Certified attorneys in Construction Law are specialists in transactions and relationships among contractors, subcontractors, suppliers, owners, architects, engineers, governmental entities, insurers, sureties and lenders regarding development, design and construction on public and private projects. To achieve board certification, Mr. Tolbert was required to pass a rigorous examination and demonstrate extensive expertise and knowledge in his specialty area. He must also engage in a continuous course of study in his specialty.

Mr. Tolbert is rated AV Preeminent by Martindale-Hubbell Peer Review signifying the highest level of professional excellence and adherence to the highest ethical standards – a distinction achieved by fewer than 5% of attorneys nationwide.

Experience

Dallas/Fort Worth Intern. Airport Bd. v. Inet Airport Systems, Inc., 821 F.3d 643 (5th Cir. 2016)
Successfully represented DFW Airport Board on appeal in multi-million dollar contract dispute with contractor

Tower Residential I Condominium Association, Inc., et al. v. The Tower Master Condominium Association, Inc., et al., 348th District Court, Tarrant County, Texas (2012)
Successfully represented retail owners in a lawsuit brought by condominium owners relating to largest downtown Fort Worth, Texas mixed retail and condominium development

Carlos Aguilar, et al. v. Riverbend Estates of Fort Worth Homeowners Association, 352nd District Court, Tarrant County, Texas (2012)
Successfully represented homeowners’ association in enforcing restrictions and drafting required documents

Wayne M. Champagne, et al. v. Jerry Elaine Herlacher, et al., 355th District Court, Hood County, Texas (2000)
Successfully represented homeowners’ against arbitrary enforcement of restrictions by a homeowners’ association

Represented owner in negotiating contracts for development containing over 250 living units, parking structures, and other amenities

Represented engineering firms and owners in negotiating contracts for a wide variety of development

Presentations

Construction Management/Design Build in Texas – Contractor Liability, Lorman Education Services

Construction Management/Design Build in Texas – Design-Build, Lorman Education Services

Construction Lien Law in Texas, Lorman Education Services

Construction Lien Law in Texas, Lorman Education Services

Construction Lien Law in Texas, Lorman Education Services

Texas Construction Law, HalfMoon LLC

Construction and Mechanics Lien Issues in the Development Process, AIA Continuing Education

Construction Lien Law in Texas, Lorman Education Services

Liens and Bonds in Development, Lorman Education Services

Involuntary Mechanic’s Liens in Texas – Legislative Update, Nuances and Practical Aspects of Uses and Defenses, Lorman Education Services

Construction Management/Design Build in Texas, Lorman Education Services

Construction Management/Design Build in Texas, Lorman Education Services

Community

Trustee, Birdville Independent School District (2006 – present)

Councilman, City of North Richland Hills (Place 6) (2000-2004)

Commissioner, Planning and Zoning Commission, City of North Richland Hills (1999-2000)

Former Chairman of the Board of Directors, Christ’s Haven for Children, Inc.

Board member and former Chairman of Board of Directors, Fort Worth Teen Court, Inc.

Professional Recognition

Rated AV Preeminent, Martindale-Hubbell Peer Review

Named Top Construction Lawyer of Tarrant County by Fort Worth, Texas Magazine (2001-2013)

President, Tarrant County Young Lawyers Association (1994)