Kent J. Pagel

Contact Kent J. Pagel

Kent J. Pagel is the President and Senior Shareholder of the Houston, Texas law firm of Pagel, Davis & Hill ("PDH"), a Professional Corporation, and its predecessor firm, for the past 25 years.  He has also served, and continues to serve, as an advisor to many companies and associations in a Board of Director capacity or otherwise--often in an outside general counsel role.

In his years of practice, Mr. Pagel has helped hundreds of companies make their enterprises more efficient and reduced their legal risk at the same time.  His clients generally view him as their primary legal resource on all matters of the law that they encounter.  He is 100% loyal to his PDH clients as are the other lawyers in the firm, a required characteristic at PDH. 

Our focus at PDH is on businesses (and their owners/officers) ranging from $5 million to $500 million in sales.  Some clients are above or below this range, but this is our target.  Many of our clients are in the construction and manufacturing fields, though some are in distribution, facility management, marketing, telecommunications, and transportation.  Our primary objective at PDH is to support the client's goals within the legal and economic realities presented.

Areas of Practice

The types of services he provides clients include:

  • Business formation, financing and corporate governance advice
  • Business acquisition and sales
  • Complex construction matters
  • Contract review, negotiation and preparation
  • Litigation, arbitration and mediation counseling
  • Product liability advice
  • Insurance consultation
  • Collections assistance 

Mr. Pagel has also advised multiple local, regional and national companies involved in residential, commercial (including multi-family) and industrial construction in the following areas:  construction litigation and arbitration; insurance; construction defect and product liability matters; construction contracts; and construction operations.  His construction industry clients include structural building component manufacturers and other numerous segments of the construction industry--including owners, general contractors, suppliers, subcontractors, and insurers.  Furthermore, he has served as national counsel for the Structural 
Building Components Association
 (formerly known as The Wood Truss Council of America) since 1994, the Engineered Wood Products Association, and the Truss Manufacturers Association of Texas.  He is also a regular writer and lecturer on liability (including construction defect litigation), risk management, and insurance issues facing companies in the construction industry.

Representative Matters

  • Representation of two national trade associations and various component manufacturers before the American Lumber Standards Committee regarding the proposal of the Southern Pine Inspection Bureau to reduce design values for Southern Pine visually graded lumber by 30-35%.
  • Defense of framing contractor on a multi-million dollar construction defect/water intrusion arbitration matter for settlement of $100,000 where more than a million in damages were asserted and where the claim was reserved by the client's insurance carrier at excess of $500,000.
  • Successful defense of supplier in Louisiana construction defect arbitration where 8 figure damages were being asserted through granting of summary judgment motion on the part of three-person arbitration panel.
  • Successful settlement of multiple FLSA lawsuits (including requested class action matters) against a firm client.
  • Representation of various trucking companies on transactional and litigation matters, including establishing entity and organizational structure, drafting transportation agreements, consultation on insurance matters, resolution of pending vehicle accidents, and resolution of multiple shipping charge claims.
  • Representation of construction technology company on sale of operating division to a national multi-company holding company.
  • Resolution of Colorado construction defect claim asserted against construction manufacturing company where claims were being defended by commercial general liability insurance carrier under a reservation of rights and claim of no insurance coverage for design.
  • Development of on-line training courses with over 50 hours of content for truss and component manufacturers and framing contractors.
  • Negotiation of multiple framing labor and structural component contracts for a military base construction project.
  • Representation of a regional engineering company in negotiating master contracts with multiple national builders.
  • Representation of multiple Texas companies on matters pending before the Texas State Board of Engineering.
  • Negotiation and sale of a company operating division over 18 months for low eight figure purchase price.
  • Multiple stock sale transactions for local general contracting company.
  • Organization of multi-class stock corporation and subsequent acquisition of construction technology company.
  • Advised firm client Board of Directors under Delaware law on their fiduciary duties associated with a proposed recapitalization where the company had a controlling shareholder and could be alleged to be in the zone of insolvency.
  • Settlement of disputed accounts receivable, sales of real estate in multiple states, and resolution of claims on behalf of an insolvent subsidiary for a firm client.
  • Negotiation and preparation of employment agreements and stock option plan for client management team.
  • Evaluation of the enforceability of non-competition agreements in Texas and elsewhere for a firm client.
  • Confidential settlement (including permanent injunctions) of claims asserted by a national manufacturing firm against two former employees for breach of a non-compete and non-circumvention agreement, as well as misappropriation of intellectual property.
  • Confidential settlement on behalf of a CEO claims over wrongful termination, age discrimination, and breach of contract and stock option rights with a complicated vesting schedule.
  • Confidential settlement on behalf of foreign national former division manager against a global oilfield services company, complicated by Foreign Corrupt Practices Act issues.
  • Settlement of trucking accident claim where damages asserted against manufacturing company exceeded liability and excess insurance in place.
  • Leases and construction build-out of manufacturing facilities across the U.S. for a firm client.

Education

  • J.D., University of Toledo College of Law, 1982
    • Dean’s List for multiple quarters
    • American Jurisprudence Awards – Property I, Property II, and Legislative Drafting
  • B.B.A., Hope College, Holland, MI, 1979
    • Dean’s List and Honors for multiple semesters

Affiliations

Professional Responsibilities and Projects

Published Works

  • Author of the Online Risk Management and Liability Avoidance (ORisk) Program—Risk 101, Insurance 101, Bidding and Terms and Conditions of Sale, Builders’ Risk Transfer Provisions, and Successfully Negotiating a Customer Contract.  See www.sbcindustry.com/orisk.php
  • Contributing Editor for Structural Building Components Magazine, 1998—Present
  • Contributing Editor for the Metal Plate Connected Wood Truss Handbook, (Second, Third and Fourth Editions)
  • Original Author and Member of Consensus Committee for the Wood Truss Council of America’s Standard Responsibilities in the Design Process Involving Metal Plate Connected Wood Trusses, 1995
  • Member of Consensus Committee for the Truss Plate Institute National Design Standard for Metal Plate Connected Wood Truss Construction, 2002 and 2007 Editions
  • Legal Columnist for Structural Building Components Magazine, 1999—Present
    • Construction Defects—A Roadmap to Resolution Through Insurance, June/July, 2012;
    • Corralling Your SOW [Scope of Work], January/February, 2012;
    • Important Legal Trends for 2011, June/July, 2011;
    • The Time to Implement Risk Management & Liability Avoidance Procedures is Now, June/July 2010;
    • He Who Supplies the “Jobsite Package” Wins in Litigation, June/July 2009;
    • 7 Contract Provisions to Never, Ever Overlook, June/July 2008;
    • The Jobsite Package: A Critical Picket in Your Fence of Protection, March 2008;
    • Design Liability: Are Component Manufacturers Adequately Protected by Insurance?, January/February 2008;
    • Record Retention-Reason & Risk, September 2007;
    • Component Manufacturer Liability Increases with Truss Broker Involvement, June 2006;
    • Knowledge is Power-Federal Overtime Pay Regulations Modified, January 2005;
    • Some Guidelines for Truss Collapse Investigators, January 2005;
    • Dealing with Mold, June 2004;
    • Our Legal Reality-Monitoring Specifications to Manage Risk, January 2004;
    • Our Legal Reality-The Cause & Effect of Insurance Premium Increases for Component Manufacturers, August 2003;
    • A Liability Avoidance Quiz for the Structural Building Component Manufacturer, June 2003;
    • Risk Management and Insurance Part 1 and 2, January and March 2003;
    • Whose Mold Is It, January 2003;
    • Education for Component Manufacturers by Component Manufacturers, December 2002;
    • Complacency with Respect to Quality Adds to Risk, November 2002;
    • Understanding Customer Contract Insurance Requirements, September 2002;
    • Keeping an Eye on Mold Part 1 and 2, May and June 2002;
    • Insurance Developments, March 2002;
    • Design Responsibilities—What are you doing, January 2002;
    • Getting Paid, January 2002;
    • Quality Control-A Risk Management Tool, November 2001;
    • Tackling the Construction Defect Issue, September 2001;
    • Insurance Protection in an Era of Increasing Premiums, April 2001;
    • Big Builders Reaction to Construction Defect Lawsuits, January 2001;
    • Jobsite Submittal or Delivery Packages-Part 1, 2, 3, and 4, May, June, August and November 2000;http://www.forestprod.org/
    • Software Acquisition Transactions-A Legal Summary, April 2000;
    • Immigration & New Hires-The Legal Aspect, April 2000; and
    • Quality Control-Beyond the Manufacturing Process, January 1999
  • Legal Columnist for Woodwords Magazine, 1997–1999
  • Legal Columnist for DBA Houston Magazine, 1994–1995

Presentations, Seminars and Awards