Stephanie L. O'Rourke

Recognitions & Distinctions

• San Antonio Bar Association Construction Law Section
– Chair (2022-2023)
– Secretary (2021-2022)
– Board Member
• Associated Builders and Contractors (ABC) South Texas Chapter
– Chair Elect (2022-2023)
– Board of Directors: Executive Committee Secretary
– Chairman for Political Action Committee
– Chairman for Governmental Affairs Committee (2011-2013)
• State Bar of Texas: Litigation and Construction Law Sections
– Chair (2021-2022)
– Appointed Council Member (2009-2012)
– Secretary of Construction Law Section (2018)
– Treasurer of Construction Law Section (2019)
• Named as one of San Antonio’s 2023 Outstanding Woman in Law- Scene in SA Magazine
• Named as one of the Top 50 Women Leaders of San Antonio for 2022 & 2023 by Women We Admire
• Named as one of the Women in the Law Top Peer-Nominated Lawyers for 2022 by Best Lawyers
• Best Lawyers in America 2022 – Lawyer of the Year for Construction Litigation
• Texas Diversity Council – 2022 Texas Legal Diversity Summit Top Women Award, 2022
• Americas Most Honored Lawyers 2020-2022 (Top 1% of lawyers in the United States receive the award)
• Named as one of San Antonio’s Outstanding Women in Law in 2021- Construction Litigation by S.A. Scene magazine
• Chambers ranked attorney 2020, 2021, 2022
• Board Certified in Construction Law, Texas Board of Legal Specialization (TBLS)
• Best Lawyer in America in 2018 – 2023: Construction Law, Litigation – Construction & Commercial Litigation
• Named a Texas Super Lawyer by Thomson Reuters from 2012-2020. Each year, no more than 5 percent of lawyers in the state are selected to receive this honor.
• Named by her peers as one of San Antonio’s Best Lawyers in 2010, 2012 – 2014 and 2016-2020 by S.A. Scene magazine
• 1st Annual Best S.A. Female Lawyer by Scene in S.A.
• Texas Top Attorneys – Texas Monthly – November 2020
• AV Preeminent Judicial Rating Martin Dale Hubbell 2019 – 2023
• 2019 Trademark Women of Distinction.
• Named Fellow of the Texas Bar Foundation 2018-2019
• Honoree for the Outstanding Lawyers Awards 2019, presented by the San Antonio Business Journal.
• Lawyer of Distinction, Construction Law 2019-2022
• Lawyer of Distinction, Civil Litigation 2020-2022
• Litigator of the Year American Institute of Trial Lawyers
• Honoree for the Outstanding Lawyers Awards 2019, presented by the San Antonio Business Journal.
• National Alliance of Attorneys – “Attorney of the Year 2021 – Civil Litigation”
• District 10 Nominating Committee, Texas Bar Foundation
• Member, AGC Consulting Constructors’ Council of America
• American Institute of Legal Professionals, Lawyer of the Year, Civil Litigation 2021
• American Academy of Attorneys, Top 100 2021, Civil Litigation

Practice Areas and Casework

• Represented international company in ICC dispute. Successfully defended against claims in excess of $20 million and prevailed on client’s contract claims.
• Determined the validity and priority of liens in a large construction dispute between owner, general contractor and subcontractors.
• Drafted, reviewed and advised on all contract documents with suppliers and general contractors for a multimillion dollar, statewide concrete contractor.
• Filed mechanics and materialman liens for contractors, subcontractors and suppliers throughout Texas. Represent lien claimant in foreclosure and collection proceedings.
• Represent multiple real estate developers in various aspects including contract resolution and disputes.
• Represented a partner of a limited liability company against allegations of breach of fiduciary duty brought by remaining partners of an automotive service company.
• Represented a nursing home facility against a claim of breach of fiduciary duty against an individual whose partnership rights were terminated.
• Represent insurance companies in statewide first and third party cases.
• Represent a childcare facility on all labor & employment matters, EEOC rules as well as general policy and legal matters.
• Act as counsel for a multimillion dollar commercial real estate developer. Handle all real estate transactions and contracts as well as litigation matters.
• In 2013 alone, tried 3 significant arbitrations and prevailed against the City of Edinburg, a Zachary entity, and against a multi-million dollar claim.
• Represent industrial contractor in all claims across the United States.
• Represent general contractors throughout Texas on construction defect claims.

Stephanie O’Rourke is a member of the firm’s litigation practice group and manages the firm’s San Antonio office. Her practice focuses on the representation of general contractors, and subcontractors, in construction disputes as well as businesses in complex disputes. She has a wealth of experience in litigation, and she is consistently asked to present at workshops and seminars regarding her expertise on contracts and liens.  Stephanie’s expertise in construction litigation has earned her recognition from numerous publications and organizations, including being ranked in Chambers. Stephanie is Board Certified in Construction Law by the Texas Board of Legal Specialization.

Memberships & Affiliations

• San Antonio Bar Association Construction Law Section
– Chair (2022-2023)
– Secretary (2021-2022)
– Board Member
• Associated Builders and Contractors (ABC) South Texas Chapter
– Chair Elect (2022-2023)
– Board of Directors: Executive Committee Secretary
– Chairman for Political Action Committee
– Chairman for Governmental Affairs Committee (2011-2013)
• State Bar of Texas: Litigation and Construction Law Sections
– Chair (2021-2022)
– Appointed Council Member (2009-2012)
– Secretary of Construction Law Section (2018)
– Treasurer of Construction Law Section (2019)
• Texas Board of Legal Specialization: Construction Law Advisory Commission
• Consulting Constructors’ Council of America
• Kendall County Bar Association
• Texas Association of Defense Counsel
• Defense Research Institution: San Antonio Construction Law Section
• Associated General Contractors
• TADC Nominating Committee (2014-2015)
• CFMA Board of Directors

Speaking Engagements

• “Construction Contracts,” Associated General Contractors (September, 2022)
• “Texas Lien Laws,” Associated General Contractors (June, 2022)
• “Killer Contract Provisions: Recognizing, Evaluating and Managing Contract Risk,” Associated General Contractors (April, 2022)
• “Legislative Update,” Associated General Contractors-Rio Grande Valley Chapter (January 2022)
• “Modernizing Commercial Liens – Is HB 2237 Better?”, Associated General Contractors-Texas Building Branch (July 2021)
• “The Pitfalls of Factoring; The Do’s and Don’ts,” Associated Builders and Contractors (January 2021)
• “COVID-19 is Changing Everything – Including Contracts and Insurance Policies,” CFMA (December 2020)
• “The Impact of COVID-19 and How to Prepare,” Associated General Contractors (March, 2020)
• “Force Majeure Clauses,” Associated Builders and Contractors (March 2020)
• “Construction Law and Risk Mitigation,” I-LinCp Risk Management Seminar (June 2019)
• “Effective Client Counseling,” Bexar County Women’s Bar Annual Retreat (June 2019)
• “Construction Contract Clauses: What the CPA Needs to Understand, ” CICPAC Webinar (January 2018)
• “They Creak, They Crack, They Crumble: A Review of Spooky Construction Projects,” Texas A&M University (October 2017)
• “Navigating Construction Contracts & Legal Updates,” Eilan Hotel (September 2017)
• “Unforeseen Conditions and the Unexpected,” Texas A&M COCSI Law (December 2016)
• “Killer Contract Clauses,” Hispanic Contractors Association (September 2016)
• “Lien and Construction Contract Updates,” sponsored by The Construction Zone, San Antonio, Texas, (January 2014)
• “Killer Contract Clauses and Case Law Update on Ewing v Amerisure,” Insource Insurance (June 2014)
• “Employment 101,” Insource Insurance, San Antonio, Texas (November 2014)
• “Texas Legislative Session,” seminar sponsored by Guaranty Insurance Services, San Antonio, Texas (November 2011)
• “Construction Contracts: How to Negotiate Key Contract Provisions,” sponsored by Guaranty Insurance, San Antonio, Texas (2010)

Publications

• O’Rourke, S.L. and Trevino, C.C. (2022, April). TEXAS: An Introduction to Construction. Chambers and Partners.
• O’Rourke, S.L. (2021, February). The Duality and Burdens of Substantial Performance.
• O’Rourke, S.L. (2015, October). You’re insured against the big-ticket rip and tear damages, right? Construction News Publication, Legal Column.
• O’Rourke, S.L. (2014, June). Supreme Court Revitalizes Strength of Forum-Selection Clauses. ABC’s Construction Executive Magazine.
• O’Rourke, S.L. (2012, January). Negotiating Construction Contracts. Institute for Strategic Negotiations, National Webinar.
• O’Rourke, S.L. (2011, December). Texas Legislative Updates. Paper presented at the Annual Construction Industry Conference, San Antonio, Texas.
• O’Rourke, S.L. (2010, October). Collecting the Judgment: Collection Law From Start to Finish. Paper presented at the National Business Institute, San Antonio, Texas.
• O’Rourke, S.L. (2009). Multi-Party Property Damage Claims from the General Contractor’s Perspective. Paper presented at the 22nd Annual Construction Law Conference, San Antonio, Texas.
• O’Rourke, S.L. (2004). Can the Insured Forfeit Coverage. State Bar of Texas, CLE.
• O’Rourke, S.L. (2004). Basic’s mechanic’s and materialmen’s liens; The use and Abuse of Article 21.55. Houston, TX: South Texas College of Law.
• O’Rourke, S.L. (1996). Dealing with Counterclaim and Defenses. State Bar of Texas Advanced Creditors’ Rights Course.

• State Bar of Texas
• United States District Court: Northern, Southern and Western Districts of Texas
• United States Court of Appeals, Fifth Circuit