Carson Fisk

Professional Background

Carson Fisk is a shareholder in the Austin office of Andrews Myers, P.C. and an actively practicing attorney whose practice has exclusively involved representing construction industry participants in both contentious and non-contentious matters. He is Board Certified in Construction Law by the Texas Board of Legal Specialization and has represented owners, developers, architects, engineers, general contractors, subcontractors/suppliers, and sureties across all sectors of the construction industry on a variety of matters.

On the contentious side, he has assisted clients in resolving disputes in all types of forums, including through negotiation, mediation, litigation, arbitration, and administrative hearings, and he has experience at the local, state, national, and international levels. The substantive issues in dispute have included those related to payment, termination and default, design/construction defects, delay and acceleration, liens and bonds, bid protests, administrative sanctions, disciplinary/license revocation actions, and surety/indemnity issues. As an advocate, he has tried cases to juries and judges, and served as lead counsel in multiple appeals.

On the non-contentious side, he has drafted and negotiated a variety of design and construction-related contracts, including EPC agreements, owner/architect agreements, owner/contractor agreements, construction manager agreements, design-build agreements, lender and guaranty agreements, subcontracts, purchase contracts, and related documents. He is familiar with the form agreements offered by many industry groups, including the American Institute of Architects, ConsensusDocs, the Engineers Joint Contract Documents Committee, and the Design Build Institute of America. He also served as an editor for the third edition of The Construction Contracts Book: Annotated Analysis and Comparison of the AIA, ConsensusDocs, and EJCDC Contract Forms, published by the American Bar Association Forum on Construction Law.

His background and diverse range of experience affords him insight as to the construction process and different interests and risks faced by various construction industry participants, which he is able to utilize effectively in helping parties amicably resolve their disputes through mediation. Similarly, his familiarity with the litigation and arbitral processes as an advocate translates into greater efficiencies gained in arbitration.

Mediation Experience

Mr. Fisk regularly mediates disputes. The majority of his mediations concern construction matters, where he is able to use his experience and knowledge of the construction industry and construction law to facilitate settlement. As an active litigator focusing on construction disputes, he has been involved in numerous mediations as lead counsel. This experience further enhances Mr. Fisk's ability to focus on key issues and help find common ground concerning resolution. In addition to his private party mediation practice, Mr. Fisk is a member of the American Arbitration Association's Panel of Mediators. He is a credentialed mediator with the Texas Mediator Credentialing Association and is registered to serve as a court-appointed mediator for a number of district courts across Texas.

Arbitration Experience

Mr. Fisk is a a fellow of the Chartered Institute of Arbitrators and member of the National Panel of Construction Arbitrators of the American Arbitration Association, the Panel of Arbitrators and Caribbean Construction Arbitration Panel of the British Virgin Islands International Arbitration Centre, and the Panel of Distinguished Neutrals of CPR International Institute for Conflict Prevention & Resolution. He has served as the sole arbitrator or on a panel/tribunal of arbitrators in over one hundred arbitrations involving construction disputes, and has served as the primary author of multiple reasoned orders and final awards.

Curriculum Vitae

Mr. Fisk’s curriculum vitae is available for download here: