Kyle A. Zunker

Biography

Kyle A. Zunker focuses on construction law and civil appeals. He has represented contractors, owners, suppliers, and engineers across a wide range of legal, factual, and technical issues on EPC, industrial, and commercial construction projects. He has tried numerous bet-the-company cases to final award for contractors seeking payment and has handled all manner of construction issues, including non-payment, wrongful termination, standard of care, complex project accounting, delays and impacts, liquidated damages, design and construction defects, personal injury and property damage, liens and bonds, con-torts, and more.

As a lawyer who regularly drafts contracts, tries cases in arbitration and court, and handles jury charges and appeals, Kyle advocates with a holistic, cradle-to-grave perspective. He takes ownership over his clients’ problems and works relentlessly to find the best bottom-line solution. When an early resolution is not possible, Kyle is a go-to lawyer in complicated and high-pressure disputes because of his ability to distill voluminous facts and complex issues into succinct and persuasive arguments.

Kyle is a proud husband and father of two boys. He is a published author and writes regularly on Christian apologetics, drawing on his legal training and experience.

Education

• Southern Methodist University, Dedman School of Law – J.D., magna cum laude, 2015
  • SMU Law Review Association, Staff Editor
• Texas Lutheran University – B.A., magna cum laude, 2012
  • Triple Major in Philosophy, English (Writing Specialization), and Spanish Studies

Recognitions & Distinctions

• Recognized in Best Lawyers: Ones to Watch® in America for Construction Law (2024–2025)
• Named a Texas Super Lawyers® Rising Star in Construction Litigation by Thomson Reuters (2024–2025)
  

  The top 2.5% of attorneys in the state who are 40 or younger, or in practice for 10 years or less

• Order of the Coif, Southern Methodist University Chapter
• Hutchison Scholarship: merit-based, full-tuition scholarship awarded to three students per year at Southern Methodist University, Dedman School of Law

Representative Experience

• Represented Spanish EPCM contractor in multi-party, multi-million-dollar international construction arbitration involving non-payment, delay, quality, and logistics issues arising from $800-million, multi-prime industrial project.
• Represented California-based installation subcontractor in multi-million-dollar arbitration regarding contract interpretation and delay and impact claims arising from an industrial construction project.
• Represented Texas-based general contractor in bet-the-company wrongful termination and non-payment case, including defense of multi-million-dollar claim for liquidated damages.
• Represented Louisiana-based pipeline contractor in multi-million-dollar arbitration regarding delay and additional-cost claims regarding numerous issues, including impact of several major storms that hit a Gulf Coast pipeline project.
• Represented Texas-based industrial contractor in multi-million-dollar lawsuit and arbitration regarding complex project accounting and credit application issues arising from a tank-farm project.
• Represented California-based industrial contractor in multi-million-dollar claim for increased costs and disputed mid-project contract novation arising from cement plant project.
• Represented Texas-based general contractor on appeal, which resulted in reversal of adverse, seven-figure jury verdict and rendition of take-nothing defensive judgment in favor of client. 2021 WL 4754835.
• Represented hospital district in multi-million-dollar claims for design deficiencies in new hospital tower project.
• Represented religious order in multi-million-dollar claims for design deficiencies and construction defects in new priory.
• Has repeatedly represented preeminent general contractors in numerous subcontractor defaults and related performance bond claims.
• Has repeatedly represented preeminent general contractors and subcontractors in worksite personal injury and property damage claims.

Speaking Engagements & Presentations

• Who Decides Who Decides Who Decides? The Dawn of Fourth-Order Arbitration Disputes, ABA Forum on Construction Law, Division 5, April 21, 2026
• Project Documents: Telling the Story, Basic Course in Construction Law, November 21, 2024
• Host of The Basic Course in Texas Construction Law, 2022 and 2023
• Liens: How to Get Paid, AGC’s The Basics 2020, February 18, 2020
• AIA Contract Document Workshop, HalfMoon Education Inc., March 27, 2019
• Legal and Insurance Tips for Small Businesses, MAESTRO Entrepreneur Center, November 13, 2018
• Contracting & Risk Management, Hispanic Contractors Association, October 12, 2016

Publications

• “Construction: the Noisiest Litigation,” ABA Litigation Journal, forthcoming
• “Who Decides Who Decides Who Decides? The Dawn of Fourth-Order Arbitration Disputes,” Texas Construction Law Journal, Volume 20, Number 2
• “What’s in Your Arbitration Clause?” Construction News, July 2025
• “What the construction industry should know about the new Texas Business Court,” Construction News, October 2024
• “Don’t “Waive” Goodbye to Your Rights,” Construction News, October 2022
• “Design Defects: a New Law and an Old Rule,” Construction News, August 2021
• “Can a GC sue an architect for bad plans?” Construction News, December 2015

Memberships & Affiliations

• State Bar of Texas
  • Construction Section 
    • Young Lawyer Representative (statewide) (2022–2024)
    • Chairperson on Young Lawyer Committee (San Antonio) (2019–2020, 2022–2024)
  • Appellate Section
• American Bar Association
  • Forum on Construction Law
  • Litigation Section
• San Antonio Bar Association

Admissions

• State Bar of Texas
• United States Court of Appeals for the Fifth Circuit
• United States District Courts: Southern and Western Districts of Texas

Other Languages

• Spanish

Community Involvement

• Pearl Street Church, Advisory Board (2017 – current)
• Associated Builders and Contractors, South Texas Chapter, Future Leaders’ Initiative, Chair (2021)
• United Way of San Antonio, Emerging Leaders Council (2018 – 2020)