Richard F. Whiteley

Richard Whiteley chairs Bracewell’s construction litigation practice group. His trial and arbitration practice emphasizes construction disputes, including construction defect claims, within a broader commercial litigation practice. Richard approaches adversarial matters by preparing them for trial from the outset, a strategy he considers important to achieving favorable outcomes for clients. He also has experience seeking temporary restraining orders, temporary injunctions and other extraordinary relief.

Richard’s trial and arbitration experience extends to general contractual disputes, manufacturing defects, products liability, real estate disputes, and condemnation and eminent domain matters. He has also handled cases involving patent infringement, trade secret misappropriation, trademark and copyright infringement, fraudulent transfers, deceptive trade practices, defamation, business disputes, personal injury and premises liability. This range of matters reflects a practice that encompasses both construction litigation and other complex disputes.

Richard has written numerous articles on construction contracts and litigation. His subjects include force majeure, indemnity, consequential damages, defect claims and product liability issues, as well as effective construction contract drafting and negotiation. He has been recognized for Texas construction work by Chambers USA (2022–2026) and as a “Leading Partner” for Construction, including Construction Litigation, by The Legal 500 United States (2023–2026).

Museum of Fine Arts Houston

• representing client in construction litigation in Harris County, Texas against its architects regarding delay claims on a $250 million campus redevelopment project

Cementaid International Marketing, Ltd.

• obtained favorable settlement for client in regards to product defect claims asserted against waterproofing agent arising from Millennium Towers litigation in San Francisco

Westlake Chemical

• obtained jury verdict of non-infringement for Westlake in a case involving allegations of patent infringement relating to a process for making polyolefin based adhesive resins with damages sought in excess of $30 million

NCI Group Inc.

• obtained favorable take nothing judgment for client after a three week jury trial in a case regarding claims of construction defects, products liability, deceptive trade practices, tortious interference and defamation related to sixteen construction projects in Texas, Oklahoma and Florida

Parex inc.

• defended manufacturers of siding materials in jury trial against claims of products liability and obtained take nothing jury verdict for client

• University of Houston Law Center, J.D., 1999, magna cum laude
• University of Houston, B.S., 1993, cum laude

Chambers USA

• Texas Construction, 2022 – 2026

Legal 500 United States

• Construction (including Construction Litigation), 2017 – 2018, 2023 – 2026 (Leading Partner, 2023 – 2026)
• Real Estate and Construction, 2014, 2016

Texas Lawyer

• Texas Legal Awards, Pro Bono Lawyer of the Year, 2026

Best Lawyers in America®

• Litigation – Intellectual Property, 2024 – 2027

Lawdragon 500 Leading Litigators in America

• Commercial Litigation, including Construction, IP and Products Liability, 2024 – 2027

Lawdragon 500 Leading Global Real Estate Lawyers

• Construction Litigation, 2026

Super Lawyers

• Texas, 2025 – 2026
• Texas, Rising Star, 2006, 2009 – 2010

• State Bar of Texas, Construction Litigation Section
• Houston Bar Foundation, Director
• Houston Bar Association
• Texas Bar Foundation
• University of Houston Law Center Alumni Association, Director and Past President
• University of Houston Law Foundation, Director
• University of Houston Alumni Association, Director and Treasurer
• University of Houston Board of Visitors
• National Football League Players Association, Contract Advisor

• “AI and Automation at Construction Sites: Powerful Tools or New Source of Liability,” Construction Dimensions, Association of the Wall and Ceiling Industry (AWCI), July/August 2026.
• “Liquidated Damages: Protecting Contractors When Global Supply Chains Break,” Association of the Wall and Ceiling Industry, January/February 2026.
• “Mitigating the Impacts of Tariffs in Construction Contracts,” Construction Dimensions, Association of the Wall and Ceiling Industry, March/April 2025.
• “The New Rules: Liability Limitations for Construction Design Defects in Texas,” Bracewell Litigation Alert, September 22, 2021.
• “The New Rules (Part 2): Restrictions on the Duty to Defend for Architects and Engineers,” Bracewell Litigation Alert, October 7, 2021.
• “Texas Supreme Court Clarifies Scope of Property Owners’ Statutory Protections,” Bracewell Insight, March 29, 2021.
• “Expanded CISA Guideline Broadens the Scope of ‘Essential Business’ for Manufacturing and Construction Operations,” Bracewell Insight, April 2, 2020.
• “Stay-At-Home Orders – 10 Step Evaluation Process for Manufacturers,” Bracewell Insight, March 30, 2020.