Areas of focus

Construction Litigation

Disputes involving construction defects are often complicated, so it’s critical to hire a neutral who is rooted in this niche area of law. Dick understands what it’s like to be on both sides of the table, as an advocate lawyer as well as the mediator or arbitrator, and applies this valuable perspective as a neutral in a construction matter.

Advocate lawyers representing owners, general contractors, contractors, subcontractors, surety companies, designers, engineers, and architects rely on Dick and his reputable background in construction law for knowledgeable neutral services. He has extensive experience amicably resolving construction and design related disputes, and firmly believes mediation is a superior way to solve most disputes, particularly in a construction setting.

Dick, a certified mediator/arbitrator, resolves disputes involving design defects, scheduling, delay and disruption, and compression and acceleration issues on a wide variety of construction projects, including highway, commercial, public buildings, detention centers and residential construction, as well as differing site conditions with catastrophic losses such as building collapses and related issues.

During his distinguished career as an attorney, Dick was named Construction Lawyer of the Year in Kansas City, Missouri by The Best Lawyers in America® in 2013; was a charter fellow of the Construction Lawyers Society of America; and successfully represented construction contractors, insurance and surety bond companies, and other corporate clients in multimillion-dollar cases across North America and internationally.

Among Dick’s notable successes achieved as an attorney in construction matters:

  • Obtained a $1.5 million settlement following mediation on behalf of Jackson County, Missouri, in regards to design and construction defects at an educational center.
  • Recovered 100 percent of costs for a national hotel chain from the general contractor and subcontractors related to mold remediation due to defective windows.
  • Recovered 90 percent of remediation costs for defective construction and design defects against general contractor, architect and window manufacturer.

Dick has been a frequent author and presenter on construction law topics:

  • Chapter Author, “Liability of the Design Professional to the Owner,” Construction Litigation: Representing the Owner | April 2020
  • Resolving Public Sector Disputes: A Road of Politics and Potholes, a chapter published in the AAA Handbook on Construction Arbitration and ADR-Third Edition | Spring 2014
  • Resolving Public Sector Disputes: A Road of Politics and Potholes, Dispute Resolution Journal | February-April, 2003
  • Construction Law Arbitration, The Missouri Bar ADR Committee Newsletter | Fall 2001
  • Construction Law Mediation, The Missouri Bar ADR Committee Newsletter | Fall 2001
  • Construction Law: From Getting the Contract to Chain of Liability | 1999
  • Scope of Typical Clauses, Construction Change Order Claims, Chapter 2, John Wiley & Sons, Inc., 1994
  • Missouri Construction Law, Federal Publications, Inc., 1992 and 1993
  • What Do You Do When the Contract is Changed?, Chapter 4; What Do You Do When Conditions on the Job Change?, Chapter 5; Construction Law: What Do You Do When?, National Business Institute, Inc., Seminar, 1986
  • Co-presenter, “The Nuts and Bolts of Insurance for Construction Projects,” The Construction Lawyers Society of America Webinar Series, October 21, 2020
  • Making Changes and Resolving Disputes During the Construction Process, Half Moon CLE, October 26, 2017
  • Alternate Dispute Resolution, Legal Symposium for the Construction Industry, September 2007
  • Home Construction Disputes, Association of MO Mediators, August 13, 2005
  • What’s Hot in Construction Law, Lathrop Gage L.C., July 14, 2005
  • Construction Law: Can This Job Be Saved? Creative Strategies For Project Completion & Litigation Avoidance in Missouri, Lorman Education Services, 2002
  • Hot Topics in Construction Law for Real Estate Professionals, The Kansas City Metropolitan Bar Association, 2002
  • Design-Build In Missouri and Kansas: Public Sector Issues/Competitive Bidding, Lorman Education Services, 2001
  • Major Land Use Laws in Missouri: Environmental Issues in Property Development, The National Business Institute, 2001
  • Major Land Use Laws in Missouri: Ethical Considerations, The National Business Institute, 2001
  • Construction Claims and Job Profitability, 1988
  • Construction Delay Claims Seminar, 1985
  • CPM Construction Scheduling Using Micro-Computers, and Construction Delay Claims Seminar, 1985

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