Construction & Engineering
Wheeler Trigg O'Donnell attorneys have represented construction contractors, subcontractors, architects, engineers, and their insurers in litigating claims at the trial and appellate levels in federal and state courts.
Our lawyers have handled the litigation and arbitration of disputes involving a variety of construction-related matters, including:
- Construction defects
- Errors and omissions
- Contracts and other commercial matters
- Employment and labor
- Environmental torts, including asbestos
- Franchise and distribution issues
- Personal injury defense
- Premises liability defense
- Product liability defense
- Class actions
Won summary judgment for a major manufacturing and engineering corporation in multimillion-dollar indemnification litigation involving activity in Michigan and New York courts.
Articles and Presentations
- Won a complete victory following a four-day arbitration for one of the nation's largest beauty and wellness franchisors, which was accused of franchise disclosure violations, violations of unfair competition laws, and breach of contract. WTO also successfully countersued for breach of contract and trade secret misappropriation, obtained preliminary and permanent injunctions, recovered liquidated damages, and secured an award of attorneys' fees and costs.
- Won a bench trial as first chair in a breach of contract case against an interior design and construction company, securing judgment on all claims and for the full amount in dispute.
- Won a motion to dismiss in federal court in Colorado in a matter of first impression for a major industrial manufacturer facing toxic tort and wrongful death claims. WTO's novel arguments resulted in the product liability statute taking precedence for the first time.
- Won summary judgment for a major manufacturing and engineering corporation against a multimillion-dollar indemnification claim. The litigation involved winning a motion to dismiss a parallel Michigan action and winning summary judgment that was affirmed by the First Department of the New York Appellate Division.
- Won a jury verdict for Armstrong Steel against claims of false advertising and defamation in a two-week trial in federal court in Colorado. A competitor of Armstrong sought millions of dollars.
- Successfully represented a construction materials manufacturer and installer in several commercial contract and construction defect claims.
- Represented a large steel manufacturer in a case filed by the Attorney General of Colorado alleging significant consumer protection act violations and seeking millions of dollars, resulting in minimal damages awarded.
- Obtained summary judgment in district court in a professional negligence claim against WTO's client, a construction consultant, in a matter related to criminal charges brought against the consultant's client, a utility company.
- Successfully represented a construction management company in a large, public housing development dispute in Texas.
- Won affirmation of a trial court's summary judgment ruling and exposed "pollution for profit" in protracted CERCLA litigation for our engineering client before the Tenth Circuit.
- Successfully defended a major engineering firm against an FLSA class action.
- Defended construction management company Heery International in litigation arising from KB Homes's construction of 277 single family homes for the San Antonio Housing Authority.
Scott S. BarkerView Bio
Bryan D. CrossView Bio
Sara (Sally) EvansView Bio
Staff Counsel - Not Admitted in Colorado
John M. FitzpatrickView Bio
Johan D. FlynnView Bio
Andrew S. GehringView Bio
Hugh Q. GottschalkView Bio
Matthew H. JasilliView Bio
Cedric D. LoganView Bio
Raymond W. MartinView Bio
Robert G. MasonView Bio
Trial Support Manager
Craig R. MayView Bio
Erik D. NadolinkView Bio
Michael L. O'DonnellView Bio
Brian S. OstermanView Bio
Christopher D. PetersenView Bio
Terri M. SchechterView Bio
Litigation Support Manager
Edward C. StewartView Bio
John R. (Jack) TriggView Bio
Andrew M. UnthankView Bio
Partner & Recruiting Chair