Education

J.D., Baylor University School of Law, 1978
B.A., University of Texas at Austin, 1975

Awards

Named a Top Rated Construction Lawyer by Martindale-Hubbell and Texas Lawyer


Selected as one of Texas' Top Rated Lawyers in Government Law and Construction Law by Legal Leaders Magazine



Kelly M. Massad

Biography

Mr. Massad practices in the areas of commercial litigation, construction law, government contracts law, employment law, and equine law. He has first-chair representation of clients in construction-related lawsuits and employment-related lawsuits. He has a thorough working knowledge of FAR, federal and Texas common law relating to construction, procurement issues, Texas lien law and practical working knowledge of CPM and Primavera scheduling techniques.

Prior to joining Scheef & Stone, he served as First Assistant General Counsel for the Dallas / Fort Worth International Airport Board, Sr. Legal Counsel for S & A Restaurant Corporation (The Pillsbury Company) and Legal Counsel, Labor Relations Representative for Frito-Lay, Inc. (PepsiCo, Inc.).

Mr. Massad is an AV rated attorney having achieved the highest level of professional excellence.

Mr. Massad is an accredited mediator with an emphasis on construction disputes.

Reported Decisions

Successfully represented the Dallas-Fort Worth International Airport Board in a case involving prevailing wage statute (Tex. Gov’t Code Ann §2258.052) and whether the trial court was correct when it ordered the Airport Board to make determinations of wage violations for thousands of former subcontract employees and whether the plaintiffs could maintain class standing for those thousands of employees. The Court of Appeals found in favor of the Airport Board on all issues affirming the trial court’s judgment dismissing the class action and reversing the trial court and rendering judgment that the plaintiffs were not entitled to mandamus relief. 261 S.W. 3d 378

Representative Matters

  • Recovered nearly $1 million for a governmental entity for faulty concrete construction of runways at the nation’s third busiest airport.
  • Successfully defended mass transit agency in multi-million dollar differing site condition claim.
  • Successfully defended Fortune 100 snack food manufacturer/distributor in over 150 EEOC claims of unlawful employment discrimination without a single probable cause determination.
  • Awarded summary judgment on $2.5 million claim by subcontractor relative to soil remediation differing site condition claim.
  • Awarded a directed verdict in favor of governmental entity in a lawsuit by a former employee alleging Americans With Disabilities Act violations.
  • Significant first-chair trial experience handling construction-related lawsuits involving delay, impact, acceleration and differing site conditions claims.
  • Significant first-chair trial experience representing governmental entities and Fortune 500 companies in employment discrimination-related lawsuits.
  • Successfully defended several employers regarding alleged violations of Fair Labor Standards Act, Davis Bacon Act, Walsh-Healey Public Contracts Act and McNamara-O’Hara Service Contract Act.

Professional Involvement

  • Member, State Bar of Texas
    • Construction Law Section
    • Employment Law Section
  • Association of Attorney Mediators
  • American College of Equine Attorneys

Honors and Awards

While in law school, received the Best Speaker Award - Practice Court Mini Trial Competition, and served as the faculty-designated law school representative to Baylor Student Congress.

Selected as one of Texas's Top Ranked Lawyers in Labor and Employment by Legal Leaders Magazine (2014-2016).

Recognized as a Top Rated Lawyer in Commercial Litigation Law by The American Lawyer, Corporate Counsel, Martindale Hubbell, and National Law Journal (2014-2016).

Professional Background

  • Admitted in Texas
  • U.S. District Court for the Northern and Eastern Districts of Texas
  • U.S. District Court for the Eastern District of Arkansas

 

Frisco Office

Ph (214) 472-2100
Fx (214) 472-2150
2600 Network Boulevard
Suite 400
Frisco, Texas 75034

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