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Phil Pemberton

Member
fax +1 469.227.6596

Phil Pemberton represents construction-industry clients, including sureties, in litigation matters and contract negotiations.

Phil drafts complex construction and surety agreements, manages and mitigates risk relating to disputes, and advises on global mobility and immigration compliance issues for construction companies. Phil, LEED AP, works with companies to find creative solutions to solve problems. Phil worked in a project management role in the construction industry in Las Vegas, Nevada prior to law school and learned how to manage and motivate teams with different backgrounds, skills, and talents to accomplish key goals in sometimes harsh economic environments.

As an attorney, Phil advises owners, designers, contractors, and sureties on how to structure projects to avoid disputes including assisting with the drafting and negotiation of key design and construction agreements. Relating to sureties, Phil’s work includes not only investigating and resolving surety claims but also representing the surety in subrogation and indemnification matters. Additionally, Phil works with designers and construction companies to develop global mobility strategies and to address immigration issues such as ICE-directed and company-directed audits of Forms I-9.

When disputes occur, Phil works with clients to solve complex issues in the most economical way possible. Phil leverages his experience to diagnose key technical issues, involve industry experts as necessary, and develop comprehensive strategies to resolve those difficult problems quickly. Phil represents clients in a variety of dispute resolution settings including mediation, arbitration, and litigation in state or federal court in multiple jurisdictions across the United States.

Although Phil primarily practices in the area of construction law, he also advises clients in a variety of areas including, but not limited to, corporate formation, commercial litigation, commercial surety bonds, bankruptcy, and labor and employment.

Articles
  • “The Psychology in Financing a Principal,” For the Defense, Oct. 2018, at 18.
  • “Changes to Immigration Policies Could Impact Contractors,” Constructor Magazine (July 2017)
  • “Trump’s Immigration Orders: A Pillar for Future Policy?,” Law360 (February 2017)
  • “Does Scalia’s Death Change How the Supreme Court Will Decide Obama’s Immigration Agenda?,” JD Supra (March 2016)
Presentations
  • Surety Financing: An Accounting Nightmare, Northeast Surety & Fidelity Claims Conference (September 2018)
  • To Finance or Not to Finance: What are the Questions?, Surety Claims Institute Annual Meeting (June 2018)
  • Developments in Immigration Enforcement, Denver Seminar (September 2017)
  • Immigration Update, Lexington Seminar (December 2016)
  • What Every Employer Needs to Know about Immigration, Kansas City Seminar (October 2015)
  • What Every Employer Needs to Know About Immigration, Des Moines and Omaha Seminars (June 2015)

Education

J.D., University of Kansas School of Law, Lawrence, Kansas, 2013
B.S., Brigham Young University, Provo, Utah, 2010, Construction Management

State Bar Licenses

Kansas, District of Columbia, Colorado, Texas