Construction Litigation

The SWRS construction group has over 50 years of combined experience representing general contractors, subcontractors, owners, insurers and sureties in nearly every aspect of the design and construction process, including planning, bidding and award, contract negotiation and drafting and providing construction project counseling and advice. We work with clients on all types of projects, both private and public, including new construction, renovations, highways, bridges, industrial plants, retirement and assisted living communities, schools, hospitals and power plants. We have handled disputes arising from construction projects of all sizes, ranging from multi-million dollar projects that made national headlines to simple home renovations.

We regularly defend and prosecute construction defect cases representing both construction and design professionals. Additionally, SWRS’ construction attorneys have experience with all types of payment issues, including mechanic’s liens, collections and payment-related litigation. When disputes arise before, during or after a project, the attorneys at SWRS work closely with our clients to develop cost-effective and reasonable strategies to resolve disputes through mediation, arbitration or litigation. Our practice extends throughout the Midwest and in both state and federal courts.

In addition to our construction litigation services, we offer advice and counseling to ensure compliance with contractual obligations, industry standards, government regulations and best practices. We conduct seminars and training sessions along with providing advice and counseling on company policies, manuals and training programs.

We are familiar with all of the standard forms of contracts, such as AIA, ConsensusDOCS, EJCDC and government-mandated forms. SWRS’ construction lawyers also draft, modify and review contracts, subcontracts, purchase orders, joint venture agreements, lien waivers, indemnity agreements and other construction-related documents to meet the specific needs of our clients.

CONSTRUCTION LITIGATION EXPERIENCE

• We have represented a local underground boring subcontractor in connection with a natural gas-fueled explosion and fire at JJ’s Restaurant in Kansas City which made national headlines. There were in excess of 15 lawsuits filed as a result of this incident which involved substantial personal injury and property damage claims.
• We have represented a large national fireproofing contractor in connection with the construction of a large army hospital at Fort Riley, Kansas. This case involves nearly $100 million in claims being asserted by our client and other large national subcontractors and a large international general contractor against the United States government.
• We have represented a general contractor in connection with a large, complex construction defect claim involving the largest dormitory at Northwest Missouri State University. The lawsuit involved in excess of 10 parties and involved claims being asserted by plaintiff for over $9 million. This case involved numerous indemnity and additional insured issues. We were able to successfully resolve this matter in a large, multi-day mediation to the satisfaction of the client and its insurers.
• We represented an electrical contractor in connection with a fire that totally destroyed a residence. Plaintiffs and their insurer filed a lawsuit and were seeking damages in excess of $500,000. After a week-long trial, we obtained a full defense verdict on all counts in favor of our client.