Construction Litigation

Our attorneys are seasoned litigators and use all the tools available to develop and present an effective defense.

Brinker & Doyen, L.L.P., represents general contractors, owners, developers, architects, engineers and subcontractors in a wide variety of construction-related matters. Our case experience ranges from a leaking basement in a single-family home to the collapse of a commercial structure. A recent successful outcome involved a suit for damages from surface water runoff resulting in a defendant’s verdict in St. Louis County and was one of Missouri Lawyers Weekly Top 20 Defense Verdicts in Missouri.

While many claims or suits involve one structure, our attorneys are also experienced with multiple-party claims. For example, we defended a contractor who was sued for damages by 34 homeowners alleging their houses settled or sank from improper soil compaction. In another matter, we represented a contractor facing an attempted class action suit by approximately 260 homeowners claiming the installation of defective siding.We also have experience with the Racketeer Influenced and Corrupt Organization ACT (RICO) and have successfully represented clients in their defense against claims.

A sampling of our case experience includes:

  • Coverage counsel to insurer of general contractor; approximately 88 homeowners brought suit against general contractor and concrete supplier claiming defective flatwork and concrete.
  • Represented general contractor in 266 homeowner class action alleging several theories of recovery due to alleged defective prefinished siding.
  • Represented contractor in action challenging scope of prior release against contractor.  The Missouri appellate court found in favor of our contractor client.
  • Represented supplier of crane in action filed by two workmen who claimed that steel superstructure of building collapsed either due to defective design, defective construction, or contact by crane.
  • Represented homeowner sued by neighbor in surface water nuisance litigation.  Adverse jury verdict against our client overturned by trial court, and appellate court affirmed award of new trial.
  • Represented developer of upstream subdivision which was sued for alleged improper grading practices which resulted in siltation in retention ponds.
  • Represented general contractor who had been sued by commercial building owner for allegedly constructing commercial building in flood plain without adequate protection; achieved reversal of judgment against contractor as appellate counsel.
  • Represented partner of general contractor alleging construction defects in design and building of retention ponds and other items.
  • Represented steel erector on two commercial buildings claimed by Plaintiff to be leaking.
  • Represented roofing contractor sued among several defendants for leaks in a residential loft building
  • Counsel to insurer of general contractor which sued its carriers for coverage in a first party/declaratory judgment action arising out of a commercial construction defect claim involving the floors in a newly constructed large commercial building.