Lawyers
James P. Houghton - Shareholder
Practicing Primarily in the Law of Construction and Design Professionals; Real Estate and Leasing, Land Use and Development Law.
I practice in the following areas:
Alternative Dispute Resolution and Evaluation, Business, Corporate and Partnerships, Commercial Litigation, Construction and Design , Litigation, Professional Liability, Real Estate and Zoning
Practice
Mr. Houghton has over 33 years experience practicing law in New Mexico since joining Modrall Sperling in 1973, where he has been a partner since 1979. His practice has concentrated in transactions, litigation and alternative dispute resolution in the areas of real estate, construction and design law, government contracts, commercial leasing, land use (including development, zoning, and subdivision), and environmental matters concerning real property.
Construction/Design Professionals
Mr. Houghton is a member of the Real Property Sections of the State Bar New Mexico and the American Bar Association (ABA), and is past Co-Chair of the Design and Construction Contracts Committee (G-3) of the ABA Real Property Section (1993-1996), as well as a member of the ABA Construction Forum Committee. He co-authored Construction Law: A Practical Guide to Common Construction Law Issues in New Mexico and has written national articles on various construction issues. He has represented owners, bonding companies, title companies, engineers, architects, contractors, subcontractors, and suppliers in a variety of construction problems and claims, dealing with both commercial and residential projects. He has drafted alternative clauses and provisions to "standard" form agreements and assisted both public and private entities with their construction documents on numerous projects. He has been an associate member with ABC (Associated Builders and Contractors).
Real Estate
Mr. Houghton co-authored Basic Real Estate Law in New Mexico. He has been a member of the New Mexico Chapter of NAIOP and has presented programs to the local BOMA (Building Office Manager Ass'n.) chapter on leasing/property management issues. He has drafted commercial leasing and management systems for office buildings and shopping centers. He has handled numerous litigation or arbitration disputes in various aspects of real estate law, especially in the area of commercial lease disputes, broker disputes, and buy and sell agreements. He has handled hundreds of transactions for buyers, sellers, and developers of real estate.
Land Use and Development
Mr. Houghton co-authored Land Use Law Update in New Mexico and has represented national and local developers and property owners concerning land development issues. He has assisted developers in addressing their zoning, subdivision, and entitlement issues throughout the state. He also has substantial experience in dealing with commercial sign issues.
Alternative Dispute Resolution
In response to the rising cost of litigation, Mr. Houghton has placed a major emphasis in resolving client disputes through alternative dispute resolution. He has received advanced training in arbitration through the American Arbitration Association, together with mediation training. He has presented programs on partnering in construction projects as well as the effective use of arbitration and mediation in settling real estate and construction disputes. Finding that in the business context there is a need to resolve ongoing disputes without ruining long term business relationships, his focus has been in resolving disputes in a fair manner without alienating that business relationship.
Peer Review/Recognition
Mr. Houghton holds the highest peer review rating (AV) given by Martindale-Hubbell. This rating is based on comments from other New Mexico lawyers. He is also recognized in "The Best Lawyers in America®," in the categories of Construction and Real Estate Law.
Education
Mr. Houghton received a bachelor's degree in economics and political science from Indiana University (1970) (magna cum laude; Phi Beta Kappa), and his law degree from the University of Virginia Law School in 1973.
Professional Training
Mediator Training through the Attorney-Mediators Institute (40 hours). Advanced Arbitration Training through the American Arbitration Association. He has handled arbitrations through the Second Judicial District Court appointed program.
Mr. Houghton has also written papers and put together programs for the American Bar Association Real Property Section (Construction and Design Law) and the ABA Public Contract Law Section on the use of partnering in construction projects, arbitration of construction disputes, and also with respect to insurance programs and products in the Construction, Engineering and Architectural industries and professions.
