Rick Flake is a past Chair of the State Bar of Texas Construction Law Section, the Houston Bar Construction Law Section, and the Houston Bar ADR Section. A national arbitration trainer for the AAA, he was in the inaugural class of Texas Lawyers Board Certified in Construction Law. He is also a Fellow of the American College of Construction Lawyers and a Member of the National Academy of Distinguished Neutrals.
With more than four decades of experience in construction law, Rick brings deep industry insight to his work as an arbitrator. We asked Rick how his background shapes his approach on the AAA Construction Panel.
Q: Tell us about your background in construction law or the construction industry.
Rick: I served as general counsel for a large, diversified contractor and developer for six years before helping grow a national construction law practice. Over my 43-year career, I’ve led top construction law and ADR bar associations and am proud to be a Fellow of the American College of Construction Lawyers and a Member of the National Academy of Distinguished Neutrals.
Q: What types of construction disputes do you typically handle as an arbitrator or mediator?
Rick: I have handled a wide range of disputes, including defaults, terminations, delays, cost and change order claims, quality and code issues, defects, design errors, mechanic’s liens, and surety matters.
Q: What drew you to ADR work in the construction space? What do you value most about serving as a neutral on the AAA’s Construction Panel?
Rick: Having grown up in the industry, I appreciate its challenges and people. My experience as general counsel taught me the value of efficient dispute resolution. I’ve trained AAA arbitrators for nearly 30 years and deeply respect the AAA’s unmatched expertise in both legal and industry matters.
Q: What advice do you have for parties preparing for arbitration or mediation in complex construction disputes?
Rick: Focus on the major issues. Construction disputes often involve a web of claims—zero in on what truly matters and avoid getting sidetracked by minor points that are unlikely to influence seasoned arbitrators.