CONSTRUCTION LITIGATION

Our primary area of representation in construction litigation has been the defense of contractors and subcontractors who are sued for alleged deficiencies or defects. We also have represented contractors in cases where personal injury claims are asserted.

A few examples of matters we have handled are Butler v. Mitchell-Hugeback, Inc., 895 S.W.2d 15 (Mo.banc. 1995), which involved interpretation of Missouri's Statute of Repose and National Home Insurance Company v. Shangri-La Development Co., 857 S.W.2d 460 (Mo.Ct.App. 1993), which was the first Missouri decision to discuss whether a state court could affirm an arbitration award under the Federal Arbitration Act.

The subject matter of the lawsuits has been diverse and varied. We have handled cases ranging from a leaking basement in a single family dwelling to the collapse of a commercial structure. We were successful in having claims under the Racketeer Influenced and Corrupt Organization's Act dismissed as to our client. McDonough v. National Home Insurance Company, 108 F.3d 174 (8th Cir. 1997). Through the years, we have had many instances where contractors were sued for damages from surface water runoff. One such case, Lewis v. Greater Missouri Builders, resulted in a defendant's judgment in St. Louis County and was one of Missouri Lawyers Weekly Top 20 Defendants' Verdicts in Missouri for 1999.

While many claims or suits involve one structure, we have had experience in multiple party cases. For example, we defended a contractor who was sued for damages by 34 homeowners whose houses settled or sank allegedly from improper soil compaction. In another matter, approximately 260 home owners attempted a class action against a contractor for alleged defective siding.