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
Articles and Presentations
Articles and Presentations
- 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.
- General Steel v. Armstrong Steel (D. Colo. 2016) - 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.
- Represented an OCIP insurer and professional engineering design firm in construction defect matters.
- 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.
- Gold Peak at Palomino Park v. Wiliam W. George & Associates, et al. (Douglas Cty. Dist. Court 2012) - Defended negligence suit against retail insurance broker for allegedly failing to procure sufficient insurance under an Owner Controlled Insurance Program to cover an $18.2 million dollar construction defect verdict involving 250 condominiums.
- 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.
- Friedland v. TIC & Geosyntec Consultants, 566 F.3d 1203 (10th Cir. 2009) - 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.
- Obtained dismissal of claims against primary carrier of plumbing contractor which was added as a third-party defendant in case involving allegations of construction defects to private home.