Biography
Shelly Masters is a senior trial lawyer with over 25 years of experience defending and prosecuting high-stakes claims in construction, commercial, product liability, aviation, trucking and transportation, employment, and personal injury litigation. In her deep-rooted construction practice, Shelly handles the full spectrum of disputes common to the industry — including breach of contract, delay and acceleration claims, nonpayment, defective construction and design, warranty claims, mechanic’s lien and bond disputes, and owner-contractor-subcontractor conflicts at every tier. She has built a career on results — securing favorable verdicts, summary judgments, arbitration awards, and settlements in complex, multi-party disputes across state and federal courts nationwide. Whether defending a Fortune 500 manufacturer against mass tort exposure, obtaining summary judgment for an international aviation client, or prosecuting multimillion-dollar claims for a property owner, Shelly combines deep industry knowledge with tenacious courtroom advocacy to deliver outcomes that matter.
Shelly is a seasoned defense lawyer who also brings value on the plaintiff side when the matter calls for it. An equity partner, former member of the firm’s Executive Committee, and Co-Managing Partner of the Austin office, Shelly’s leadership extends beyond client work — she is invested in the strategic growth of the firm and the success of the local team and the clients they serve. Beyond the courtroom, she is a recognized thought leader who regularly speaks and publishes on construction law, employment compliance, risk mitigation, and emerging litigation trends for professional, legal, and trade organizations. She also partners with clients to develop proactive strategies — from contract risk assessments to workforce compliance training — that help them avoid disputes before they start. Clients value Shelly not just for her ability to win in court, but for her commitment to helping them stay out of it.
Shelly and her husband recently celebrated 20 years of marriage. They are the proud parents of two daughters who keep them busy with competitive sports and the theater arts. A sixth-generation Texan, Shelly enjoys traveling, spending time with family on the lake, and cheering on her girls from the stands and the audience. She is also excited to have been recently selected to serve on the Board of Directors of the Dyslexia Center of Austin — a cause close to her heart and an opportunity to give back to the community that has given her so much.
Education
- University of Houston Law School – J.D., 1998
- University of Texas School of Law (1997)
- University of Texas at Austin – B.A., 1995
Recognitions & Distinctions
- Recognized in The Best Lawyers in America® for Commercial Litigation, Construction Law, and Litigation – Construction (2019–2026)
- Andrew C. Hecker Award (2025)
- Federation of Defense & Corporate Counsel (FDCC) (By nomination only)
- FDCC Ladder Down National Class of 2022
- Life Fellow – Texas Bar Foundation (2019)
- Outstanding Service Award for 10 Years on Board of Directors of Associated Builders and Contractors (2018)
- Terry Scholar – University of Texas at Austin
Representative Experience
Construction Litigation
- Obtained favorable arbitration award on behalf of an owner against a builder involving claims of breach of contract, breach of warranty, negligence, and fraud, including recovery of all actual damages, costs, and prejudgment interest.
- Defended a large national general contractor in a $250 million construction defect lawsuit arising from the renovation and expansion of a continuing care retirement facility. After managing extensive discovery, depositions, appeals, and dispositive motions practice, achieved a complete resolution of all claims.
- Intervened and negotiated favorable terms in a proposed $43.5 million national class action settlement on behalf of several large subcontractors across multiple states involving defective plumbing pipe installed in thousands of residential homes.
- Served as lead litigation counsel in high-damage, multiparty construction products liability litigation against a national production manufacturer, component manufacturers, and product suppliers across multiple states, with alleged damages exceeding $20 million.
- Represented a property owner against its design team, general contractor, and a dozen subcontractors in a $5+ million faulty workmanship dispute, securing a favorable pre-trial settlement.
- Defended against over $40 million in claims involving premature corrosion and failure of complex energy pipelines, driving the matter to a favorable defense settlement following extensive discovery and dispositive motions.
Commercial & Government Disputes
- Defended a national general contractor in a combined nonpayment and construction defect matter involving $12 million in alleged property damage.
- Prosecuted and settled a design defect claim against a project architect on behalf of a property owner in a $1.5 million construction project.
- Secured a $2.2 million recovery in a nonpayment and breach of contract action on behalf of a general contractor involving a retirement community construction project.
- Obtained favorable settlement in multiple delay and nonpayment claims on behalf of a general contractor against the City of Austin.
- Perfected, enforced, and foreclosed on millions of dollars in mechanic’s lien and bond claims on behalf of contractors, subcontractors, and suppliers across the construction industry.
Product Liability, Aviation & Trucking/Transportation Litigation
- Obtained multiple summary judgments as lead defense counsel for an international manufacturer of airplane engines, including on the statutory General Aviation Revitalization Act (GARA) defenses in complex aviation litigation.
- Selected as national and state trial counsel for over a decade for a major product manufacturer in widespread products liability and toxic tort litigation involving thousands of plaintiffs and defendants.
- Served as national trial and coordinating counsel on behalf of multiple international product manufacturers across Texas, Illinois, Pennsylvania, New York, Delaware, Montana, and other jurisdictions.
- Obtained multiple favorable defense outcomes in personal injury and wrongful death litigation arising from trucking and transportation incidents, including cases involving catastrophic injuries and complex liability theories.
Employment Law
- Advises and defends employers across the construction, manufacturing, and transportation industries in a range of employment disputes, including wrongful termination, discrimination and harassment claims, non-competition and non-solicitation enforcement, wage and hour claims, and workplace policy compliance.
- Counsels clients on workforce compliance matters including drug-testing policies, return-to-work protocols, union avoidance strategies, and “ban the box” hiring regulations.
Speaking Engagements & Presentations
- Moderator, “Behind the Bench: A Candid Look at What Federal Judges Expect from Lawyers,” FDCC Winter Meeting (Charleston), February 24, 2025
- Speaker, “New Frontiers of Risk: Is Risk Mitigation Overtaking Risk Management in an Unpredictable World?” FDCC Insurance Industry Institute (New York), November 5, 2025
- Speaker/Panelist, “The Pros and Cons of ADR, including International Arbitration,” FDCC Corporate Counsel Symposium (Chicago), September 15, 2025
- Moderator, “Legal Operations: Getting it Done Whether You’re an Army of one or One Hundred,” FDCC Corporate Counsel Symposium (Chicago), September 15, 2025
- Moderator, “Haunted Venues and Legal Voodoo,” FDCC Corporate Counsel Symposium, September 15, 2024
- Speaker/Presenter, “Expert Witnesses: Real-Life HEROES or VILLAINS,” FDCC Winter Meeting, February 21, 2023
- Speaker, “Combatting, Cutting and Defending Against Fee Shifting Claims,” FDCC Annual Meeting (Seattle), July 26, 2022
- Speaker, “Price Escalation Issues and Smart Business Practices,” Central Texas Subcontractors Association, April 12, 2022
- Speaker, “Marijuana in the Workplace: It’s Complicated,” ABC Safety Forum Panel, ABC Central Texas Chapter, February 15, 2022
- Speaker, “City, State and Federal Update: COVID Protocols,” Central Texas Subcontractors Association, February 8, 2022
- Speaker, “Avoiding Unions: Employer Do’s and Don’ts,” Associated Builders & Contractors Central Texas Chapter, May 12, 2021
- Speaker, “Texas Legal Update: Subcontractor Nonpayment Claims and Mechanic’s Liens,” CTSA, April 13, 2021
- Speaker, “COVID Impacts – Return to Work, Paid Leave & Vaccination Policies,” Independent Electrical Contractors Member Forum, Independent Electrical Contractors Association, January 21, 2021
- Speaker, “Legal Impacts of COVID-19,” Central Texas Subcontractors Association, September 2020
- Speaker, “Dealing with Delays, Disruptions and Lost Dollars,” 2019 Annual CTSA Construction Law Conference
- Speaker, “Avoiding Legal / HR Pitfalls – Why a Leadership Culture is Important,” 2019 ABC Leadership Conference
- Speaker, “Emerging Trends on Limiting Liability with or without the Spearin’ Doctrine,” 2019 FDCC Winter Conference
- Presenter, “The Subcontractor’s Legal Toolbox,” CTSA, December 2018
- Presenter, “Perfecting and Enforcing Lien Claims,” “Litigating Construction Claims,” “Pay Me – No ‘Ifs Ands or Buts about Its’,” and “Construction Mistakes to Laugh & Cry About It,” 2018 Annual CTSA Construction Law Conference
- Presenter, “Ban the Box,” Associated Builders & Contractors Lunch & Learn, ABC Central Texas Chapter, March 2017
- Moderator/Speaker, “Getting Ahead: Strategies for Achieving and Sustaining Growth,” ABC Program Series, ABC Central Texas Chapter, March 28, 2015
- Presenter, “Expedited Actions,” 27th Annual Construction Law Conference, Construction Law Foundation of Texas, February 27 & 28, 2014
Publications
- “Tariff Whiplash: A Contractor’s Playbook,” Construction News, November 2025
- “Perspectives of Corporate and Defense Counsel: Mitigating the Risk of Disruption from Tariffs and Government Action on the Construction Industry, FDCC Construction Section, Friday “5” Things to Know for December 16, 2024
- “Delegated Designs Surprise Unsuspecting Contractors,” Construction News, February 2022
- “Contractual Risk Mitigation: Three Tips for Solving PROBLEM$ in 2021,” Construction News, January 2021
- “Mission Impossible – When Coronavirus Threatens Performances,” Insights, Federation of Defense and Corporate Counsel, July 2020
- “Mitigating Contractual COVID-19 Risk for Contractors,” Construction News, May 2020
- “Contractors Embrace Legal Tools to Limit Poaching of Key Employees,” NSA Today, Issue 11, 2019
- “Change Orders: When Change Isn’t a Good Thing,” NSA Today, Issue 10, October 2018
- “Design Defects Threaten Texas Contractors,” Construction News, November 2018
- “How Does ‘Ban the Box’ Affect You,” Construction News, October 2016
- “Employers use Non-competition & Non-solicitation Agreements to Limit Poaching of Key Employees,” Construction News, April 2015
- “Wrongful termination: Can terminating an employee before the filing of a Worker’s Compensation claim be unlawful?” Construction News, October 2012
- “Retainage; the Texas Two-Step,” Construction News, February 2011
- “Default Termination Clauses: A Lethal but Potentially Pricey Weapon,” Construction News, April 2010
Memberships & Affiliations
- The Federation of Defense & Corporate Counsel (FDCC) — A premier invitation-only organization of leaders in the defense bar and insurance industry
- Board of Directors (2024-Present)
- Chair of the Membership Development Committee (2025 – Present)
- Chair of the Construction Law Section 2022-2024
- Chair of the Central Division of the FDCC State Representative Program
- Associated Builders & Contractors Central Texas Chapter
- Board of Directors (2020-Present)
- Past Chair of Board of Directors (2008-2018)
- Central Texas Subcontractors Association (CTSA), Chapter Attorney — Providing ongoing legal guidance and education to association members
- Associated General Contractors of America
- Defense Research Institute (DRI), Construction Law Committee, past co-editor of Critical Path
- Construction Financial Management Association
- National Association of Women in Construction
- International Electrical Contractors Association
- Austin Bar Association
- State Bar of Texas
- Construction Law Section
- Litigation Law Section
- Board of Directors of the Dyslexia Center of Austin
Admissions
- State Bar of Texas
- Illinois State Bar (inactive member)
- United States District Courts: Northern, Eastern, Southern, and Western Districts of Texas