Brian Comarda is an experienced trial lawyer and Partner at Gordon & Rees. He represents a diverse group of domestic and international clients in complex commercial litigation and arbitration proceedings primarily involving the construction, shipbuilding, oil and gas, pipeline and offshore service industries. Mr. Comarda is well known for his ability to quickly identify the critical issues at the heart of a disputed matter and craft winning, cost-efficient strategies.
Mr. Comarda’s practice is primarily focused on construction litigation and arbitration. His experience has mainly encompassed the preparation, prosecution and defense of claims involving breach of contract, disputed changes orders, delays of all types, disruption, accelerated work, cumulative impacts, warranty obligations, force majeure events, design defects, scope growth, schedule compression, labor inefficiencies, liquidated damages, differing site conditions, consequential damages and liens. Mr. Comarda also has experience counseling clients regarding the various builder’s risk, commercial general liability (CGL) and professional liability insurance coverage issues that often accompany these claims.
Mr. Comarda also routinely represents businesses of all sizes in a wide variety of commercial disputes. These matters typically involve breach of contract, breach of fiduciary duty, partnership and investor disputes, product liability, business torts (including, tortious interference with contract and fraud) and restrictive covenants, such as non-compete clauses.
Mr. Comarda also handles an assortment of admiralty and maritime related matters. His litigation experience in this area includes defending vessel owners, offshore service contractors and other maritime employers against serious personal injury claims asserted under the Jones Act, Longshore and Harbor Workers’ Compensation Act and general maritime law. He also has experience representing vessel owners, operators and charterers in a wide variety of matters involving charter party disputes, the contamination and damage of cargo, as well as the arrest and attachment of vessels.
A related area of Mr. Comarda’s expertise involves advising clients on the many United States regulatory programs and cabotage laws impacting the import, export and transportation of merchandise, including the U.S. Coastwise law (also known as the Jones Act), Export Administration Regulations, Harmonized Tariff Schedule and Maritime Transportation Security Act. Mr. Comarda has also assisted his clients with the creation of Foreign Trade Zones in the United States. Mr. Comarda is routinely retained to resolve transportation and trade issues directly with U.S. Customs and Border Protection.
Contract Negotiation & Drafting
Mr. Comarda’s extensive litigation experience also gives him a unique insight into the negotiation and drafting of contracts. He is regularly sought out for his advice regarding construction contracts, repair contracts, master service agreements, operating agreements, hold harmless / indemnity agreements and purchase / sale agreements. He has also represented vessel owners in the purchase and sale of oil and LNG tankers under foreign shipping registries, including the Marshall Islands, Vanuatu and Bermuda.
U.S. Court of Appeals for the Fifth Circuit
U.S. District Court, Southern, Eastern, Western and Northern Districts of Texas
U.S. District Court, Eastern, Central and Western Districts of Louisiana
Louisiana State Bar Association (Member, Fidelity, Surety & Construction Law Section and Alternative Dispute Resolution Section)
State Bar of Texas (Member, Construction Law Section)
Houston Bar Association (Member, Construction Law Section)
American Bar Association (Member, ABA Forum on Construction Law and ABA Litigation Section)
Partner Member of the Shipbuilders Council of America