Construction Litigation

Polsinelli Shughart PC has significant experience working in the construction industry and brings a great variety of perspective to each project. Our attorneys are an integral part of the industry, which helps us provide the type and depth of service you deserve. Our attorneys are more than just members of associations; many are active participants with leadership roles.

Whether from years of experience working with contractors, design professionals, consultants or owners, or through formal education as architects, engineers or construction managers, our attorneys have a fundamental background in construction transactions and claims resolution. Our lawyers offer national and regional seminars and help draft industry-related legislation. This means we have an in-depth understanding of the needs of your business and your project.

Our group members participate in:

  • The Kansas, Missouri, Arizona and Colorado Bar Construction Law Committees
  • Forum on the Construction Industry of the American Bar Association
  • American Institute of Architects (AIA) chapters in Colorado, Kansas and Missouri
  • The Associated General Contractors of America (AGC)
  • The Builders Association of Missouri
  • National committees of the American Bar Association (ABA), the AIA and the Design-Build Institute of America (DBIA)
  • Attorneys in the firm were founding Directors of The Mid-America and Rocky Mountain Chapters of DBIA.

We know the landscape. We have prosecuted and defended against claims for extras, defective specifications, delay and impact damages, differing site conditions (actual and constructive), time extensions, termination expenses and related disputes arising during contract administration. Our attorneys have prosecuted and defended claims involving bid bonds, payment and performance bonds and mechanic’s liens.

We handle the simple and the complex. We defended a Fortune 100 telecommunications company in several multi-million dollar lawsuits brought by the contractors who built its nationwide communications system. Dealing with claims of alleged extras, damages for delays in construction and defective design, we handled the necessary pretrial depositions and witness interviews across the United States and Canada, developed trial strategies with in-house counsel and coordinated pretrial work with engineering departments and firms from North Carolina to Oregon. With strong preparation and a solid trial strategy, we successfully resolved the matter through arbitration, alleviating the additional cost and time of trial.

We represent entities in the Engineering News-Record (ENR) Top 225 Global Contractors and Top 500 Design Firms. For example, we have worked with clients on:

  • Power generating facilities from the west coast of the United States to Puerto Rico including cogeneration, coal fired, and nuclear projects, as well as transmission and distribution projects;
  • Commercial building projects ranging from multi-use developments, high-rise condominiums, office buildings, schools, hospitals, museums, shopping and residential projects
  • Industrial construction projects including Liquid Natural degasification and pipeline distribution systems, cement manufacturing facilities, waste water treatment and handling plants
  • Heavy highway and infrastructure projects including some of the largest transit projects in the Phoenix and Denver areas, reconstruction of Interstate bridges throughout the United States, airport reconstruction, and sports stadiums and arenas
  • Public construction projects including judicial centers, courthouses and jails.

Polsinelli Shughart has the knowledge and experience to support sophisticated projects on a national and international scale, with a Midwest work ethic and an ability to navigate all aspects of your project. Our advice is based on a thorough understanding of your business, the project goals and the players involved - we strive to deliver Value Oriented Results using industry knowledge to deliver strong, clear counsel backed by common sense.

Newsletters & E-Alerts

June 2010
Contractors maintain several types of insurance to protect their businesses and to account for the risks of working on a construction project. One type of policy is a Commercial General Liability Policy (“CGL Policy”). CGL Policies generally protect the contractor where their work has caused damage to something or someone. The typical CGL Policy states that the insurance applies only to “bodily injury” and “property damage,” but only if the bodily injury or property damage are caused by an “occurrence” that takes place within the coverage territory.
February 2010
Historically, courts would not allow an unpaid subcontractor (or supplier) to assert a claim against an owner with whom they did not deal directly. However, in the last several years, cases in numerous states have created exceptions to the general rule and have held that, under certain limited circumstances, a subcontractor can recover from an owner on an implied contract theory (sometimes referred to as an unjust enrichment or quantum meruit theory).
September 2009

Since its inception in 1998, LEED (Leadership in Energy and Environmental Design) has become an internationally recognized green building certification system developed by the U.S. Green Building Council (USGBC).

The USGBC recently announced an overhaul of the LEED rating system in the form of “LEED 2009,” which incorporates several changes to the LEED process. The 2009 revamp initiative, which the USGBC calls LEED version 3, or LEED v3, has several new and/or revised components.

July 14, 2009
This Client Advisory details the Kansas Court of Appeals emphasis on strict adherence to mechanic's lien laws. These laws require subcontractors/lien claimants to correctly identify the name of the general contractor.
July 2009
A significant number of the courts have held that when a contractor or owner/developer suffers damages as a result of errors by a design professional, the economic loss doctrine bars negligence claims, unless such negligence causes either personal injury or damage to “other property.” What constitutes “other property” is often the central issue analyzed by the courts in these types of cases. “Economic loss” is the result of the failure of the product to perform to the level expected by the buyer, which is the core concern of traditional contract law.

May 2009
The current version of EFCA may be in trouble. However, passage of a different version, which would still favor unions, may well happen. 

April 2009
The age of the “green” energy efficient building is upon us. Landlords and tenants must recognize the challenges and opportunities this movement brings, and rethink the lease that governs their relationship. Landlords and tenants negotiating a new lease or those whose lease term already is underway should consider whether to make their lease green.

Awards & Recognition

October 27, 2009
Another award? We’ll take it. Polsinelli Shughart PC is excited to announce that 69 of our attorneys are included in the Super Lawyers® 2009 list for Missouri and Kansas. Attorneys from all the major offices of Polsinelli Shughart in Missouri and Kansas are represented among the honorees. Only five percent of attorneys in Missouri and Kansas receive this honor. In addition, Chairman Emeritus R. Lawrence Ward is featured in a Q & A editorial article “Brilliant Careers,” interviewed about his most interesting cases and advice for young lawyers.