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.

Kyle regularly handles complex motion practice, post-trial briefing, and appeals in commercial litigation cases. He has prepared numerous appellate briefs, argued before several Texas Courts of Appeals, and obtained both reversals of adverse judgments and affirmations of favorable judgments for his clients.

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 of his clients’ problems and works relentlessly to find the best bottom-line solution. When an early resolution isn’t possible, Kyle is a go-to lawyer in complicated, high-pressure disputes because of his ability to distill voluminous facts and complex issues into succinct, persuasive arguments.

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 Texas-based installation contractor in dispute with more than $50 million in controversy arising from fast-tracked industrial construction project, including claims and counterclaims regarding complex construction contract accounting and defective work.
• Represented Florida-based EPC contractor in multi-million-dollar wrongful termination and non-payment case, including defense of multi-million-dollar counterclaims for alleged breach of confidentiality, liquidated damages, and defective work.
• 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, Spring 2026, May 8, 2026
• “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
    • Under Construction, Contributing Editor (2026 – present)
  • 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)