Kyle A. Zunker

Biography

Kyle A. Zunker focuses on construction law and civil appellate matters.  He has represented many different players in construction, including general contractors, subcontractors, material suppliers, engineers, and owners.  Kyle takes pride in persuasively articulating his client’s position and is driven by his passion to provide clients with common-sense solutions to complex problems.

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

• Best Lawyers – Ones to Watch 2024: Construction Law
• Hutchison Scholarship: merit-based, full-tuition scholarship awarded to three students per year at Southern Methodist University, Dedman School of Law
• Order of the Coif, Southern Methodist University Chapter
• Super Lawyers Rising Stars 2024

Representative Experience

• Represented Spanish EPCM contractor in multi-party, multi-million dollar international construction arbitration involving complex legal issues arising from $800 million industrial project. Served as primary associate on file; role included interviewing witnesses and preparing all witness statements, drafting all pleadings, and performing mix of second and first-chair duties during trial. Communicated with foreign client in Spanish.
• Represented California-based general contractor in $1,200,000 arbitration arising from large, industrial construction project.
• Represented several large general contractors in multi-million dollar lawsuits regarding alleged defects in commercial construction projects in multiple counties in Texas.
• Represented owner in federal-court lawsuit regarding a construction defect that compromised the integrity of a multi-million dollar commercial building.
• Represented Spanish-speaking subcontractor against a general contractor who withheld approximately half of the subcontract price.
• Represented general contractor in suit against project owner to recover unpaid contract price and value of additional work and defended contractor against owner’s claims for defective construction.
• Represented defendant seller in a mass-tort lawsuit arising from an industrial explosion. Assisted with preparing motions for summary judgment, motions to strike expert witnesses, and jury charge.
• Represented roofing contractor in Texas intermediate appellate court on appeal from the trial court’s denial of motion to compel arbitration against the building owner’s insurer, who was a non-signatory to the arbitration clause. 2020 WL 3478658
• Represented outdoor-recreation business owner in Texas intermediate appellate court when the plaintiff appealed the business owner’s summary judgment of no liability on the plaintiff’s wrongful death claim. 2016 WL 3136878
• Represented contractor in Texas intermediate appellate court when the plaintiff appealed the contractor’s summary judgment of no liability on the plaintiff’s personal injury claim. 2016 WL 4376628
• Represented insurer in United States Court of Appeals (Fifth Circuit) when the plaintiff appealed the insurer’s summary judgment of no liability on the plaintiff’s underinsured motorist claim. 663 Fed.Appx. 302
• Represented insurer in United States Court of Appeals (Fifth Circuit) when the plaintiff appealed the insurer’s summary judgment of no liability based on contract-interpretation arguments. 656 Fed.Appx. 729
• Represented association of businesses in Texas Supreme Court in attempt to overturn Texas intermediate appellate court’s decision to vacate injunction prohibiting a Texas municipality from enforcing local ordinances. 2018 WL 3618299, 2018 WL 4194908

Speaking Engagements & Presentations

• 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

• 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 2, 2015

Memberships & Affiliations

• State Bar of Texas, Construction Section
  – Young Lawyer Representative (statewide) (2022-current)
  – Chairperson on Young Lawyer Committee (San Antonio) (2019-2020, 2022-current)
• State Bar of Texas, Appellate Section
• San Antonio Bar Association

Admissions

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

Other Languages

• Spanish

Community Involvement

• Associated Builders and Contractors, South Texas Chapter, Future Leaders’ Initiative, Chair (2021)
• United Way of San Antonio, Emerging Leaders Council (2018-2020)