Bradford Smith is a thoughtful, efficient and aggressive attorney that seeks to achieve the best possible results for his clients. Bradford practices in the Litigation and Subrogation Sections at the Firm, with an emphasis on business litigation, construction litigation, large loss subrogation and catastrophic personal injury losses. He utilizes effective communication skills, sound legal analysis, and diligence to meet and exceed his clients’ needs.
Bradford’s unique practice is often split equally between plaintiff and defense work. He represents both large and small clients in litigation matters, including business torts, insurance coverage disputes, breaches of contract, and personal injury defense. Bradford has gained significant experience representing large residential builders in complex construction cases across the country, involving claims for construction defect, breach of express and implied warranties, and breach of contract. Bradford’s background and experience help him navigate the complex legal issues involved in construction litigation, but also allow him to understand his client’s business, their work, and to work well with specialized experts. He also frequently litigates the application of the economic loss doctrine, waivers of subrogation, limited warranty issues, construction contracts, and analyzes insurance coverage. His grasp of these subjects help him obtain phenomenal results for his clients and frequently the respect of his opposing counsel. Bradford also assists clients with complex property losses involving product defects, fires, equipment failures, agricultural machinery failures, water and gas leaks, and transit losses.
Bradford has written and presented on topics involving waivers of subrogation, construction contract clauses, and product failures. Most recently he co-authored a section on subrogation for an upcoming version of Appleman On Insurance, and is an active member and presenter for NASP, CLM and the PLRB.
Experience
- Successfully recovered a seven-figure settlement in a complex subrogation matter involving the failure and installation defects of a fire suppression installer in Northwest Arkansas.
- Successfully recovered nearly $1 million dollars on behalf of his clients from an international agricultural machinery manufacturer and its authorized dealer in two lawsuits involving breaches of warranty, product defects, and complex mechanical failures after to two separate catastrophic fires that destroyed two large harvesters in New Mexico.
- Successfully defended national home builder in construction defect/fire case involving over $2 million in alleged damages by obtaining dismissal of client after thorough examination of local fire marshal and application of Delaware law.
- Successfully defended national home builder against claims that chosen landscaping material caused or contributed to a catastrophic fire that destroyed five large homes in a North Carolina development through an extensive dispositive motion that ultimately forced the plaintiff to accept sub-nuisance settlement.
- Second-chaired a three-day jury trial in plaintiff construction defect case and helped obtain a six figure plaintiff’s verdict on behalf of client.
- Resolved construction accident case where plaintiff sustained in excess of $130,000 in medical expenses and was permanently disabled for nuisance value.
Clients
“Holy moly—I am completely amazed and proud of your work. Hats off to you guys, especially Brad! Way to go.”
Senior Claim Examiner for National Third Party Administrator
“You made my day (again)!!”
Claims Director Risk Management for an international hotel chain after two successes
Publications
- Amount Recoverable in Subrogation, New Appleman on Insurance Law Library Edition ch.162, Sep. 2015
- Declaratory Judgments Under Texas Law (April 2012)
- The Corporate Representative Deposition – Texas Law vs. Federal Law (September 2014)
- Co-author of – Waivers of Subrogation in Construction Claims (April 2013)
- Co-author of Subrogation Section – Appleman on Insurance
Associations
- Texas Bar Association
- Dallas Bar Association
- Texas Young Lawyers Association
- Dallas Association of Young Lawyers
- National Association of Subrogating Professionals (NASP)
- Property Liability Research Bureau (PLRB)
- Member – Claims Litigation Management Fellow
Community
- Habitat for Humanity
- Prestonwood PTA
