Wyatt A. Hoch Get to Know
Wichita Office
1551 N. Waterfront Parkway
Suite 100
Wichita, KS 67206-4466
T: 316.291.9769
F: 866.450.2989
whoch@foulston.com
Practice Areas
Construction
Commercial & Complex Litigation
Water Rights
Mediation/Dispute Resolution
Energy
Governmental Liability
Wind Energy
Education
University of Kansas, J.D. (1983)
  • Order of the Coif, Editor - University of Kansas Law Review
Kansas State University, B.Arch. (1980)
  • magna cum laude
Admissions
  • U.S. Court of Appeals for the Tenth Circuit (1985)
  • U.S. District Court for the District of Kansas (1983)
  • U.S. Court of Federal Claims (1986)
  • Kansas (1983)
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Wyatt A. Hoch, Partner


Mr. Hoch’s training in architecture and experience in construction place him in a unique position to counsel architects, engineers, and contractors. His practice includes design and construction contract drafting and consulting, claim negotiation, and dispute resolution in both arbitration and court settings on a nationwide basis. Mr. Hoch enjoys Martindale-Hubbell Law Directory’s highest “AV” rating for lawyers. He was selected by his peers for inclusion in the Missouri & Kansas Super Lawyers® list and The Best Lawyers in America©. In 2011 and 2016 he was named by Best Lawyers® the Wichita Construction “Lawyer of the Year,” and in 2013 and 2017 the Wichita Litigation – Construction “Lawyer of the Year.” Mr. Hoch serves as the lead attorney for the firm’s construction law practice.

Professional Memberships, Affiliations, and Honors
  • Recognized by Best Lawyers® as the 2011 and 2016 Wichita Construction “Lawyer of the Year” and the 2013 and 2017 Wichita Litigation: Construction “Lawyer of the Year”
  • Selected by peers for inclusion in The Best Lawyers in America© in the areas of Construction Law and Litigation – Construction, 2005–2017
  • Selected for inclusion in Missouri & Kansas Super Lawyers® List, 2010-2015 (a Thomson Reuters business)
  • Named by Benchmark Litigation - Local Litigation Star, 2015 & 2016: Construction, Energy and Natural Resources, General Commercial, Government Contracts
  • American Bar Association Forum Committee on the Construction Industry
  • Kansas Bar Association
  • Wichita Bar Association
  • American Arbitration Association Panel of Construction Arbitrators
  • American Institute of Architects Allied Member
Community Involvement
  • Boy Scouts of America, Quivira Council – Executive Committee (2009- Present)
  • Northern Baptist Theological Seminary - Board of Trustees (2004-Present), Secretary
  • University of Kansas Law Alumni Board of Governors (2005-08)
  • Botanica, Inc., the Wichita Botanical Gardens - President, Board of Trustees (2002)
  • Kansas Aviation Museum - Board of Trustees (1994-2000)
  • USD 259 – Southeast High School Site Council (2001-05)

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  • Counsel for a piping subcontractor in a cost and schedule dispute with the design-builder of two Iowa ethanol plants (2008-10).

  • Arbitration counsel for the sellers of a privately-held regional corrugating and packaging business (2008-09).

  • Successfully defended a design defect and construction administration claim against the architect for a medical office building in Newman Memorial Hospital v. Walton Construction Co., et al, 37 Kan. App. 2d 46, 149 P.3d 525, (2007) rev.denied

  • Counsel for the owner in an arbitration over construction of a luxury yacht (2006-2007)

  • Counsel for the owner in a construction defect and schedule dispute arising from the construction of the Cessna Orlando Citation Service Center (2003-2006)

  • Co-counsel to the owner in a cost and schedule dispute over the construction of the Cardinal Health corporate headquarters in Dublin, OH (1999-2001).

  • Plaintiff’s counsel in the successful 1998 federal court trial in Hatch & Kirk Power Services Corp. v. City of Girard, involving the expansion of a municipal electrical generating plant.

  • Plaintiff’s counsel in the successful challenge to an administrative regulation taking plaintiff’s intellectual property in National Council on Compensation Insurance v. Todd, 258 Kan. 535, 905 P.2d 114 (1995).

  • Special counsel to the utility owners for evaluation of construction at the Wolf Creek Nuclear Generating Station (1985-86).

  • Converted a government termination for default to a termination for convenience, then established the basis for a bad faith termination claim, in Industrial Coatings, Inc. v. United States, 11 Cl.Ct. 161, 33 Cont.Cas.Fed. (CCH) P 74,722 (settlement of bad faith claim in 1992).

  • Established the scope of judicial review of arbitration awards in Kansas, in Jackson Trak Group v. Mid States Port Authority, 242 Kan. 683 (1988).

  • Established the scope of Kansas statutory payment bonds in J.W. Thompson Co. v. Welles Products Corp., 243 Kan. 503, 758 P.2d 738 (1988).

  • Successfully defended antitrust essential facilities claims in the first hospital staff privilege case to reach the circuit courts of appeal on the merits, in McKenzie v. Mercy Hospital of Kansas, 854F.2d 365 (10th Cir. 1988).



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2011
  • Trends in Owner and Subcontractor Contracts (Construction Leadership Council, 2011 Panel Discussion/Roundtable Discussion)
2010
  • 2010 Construction Industry Legislative Update (Kansas Construction Network)
2009
  • Contracts and Risk Management for Engineers (ACEC, KS Emerging Leaders)
2008
  • Contracts and Risk Management for Engineers (ACEC, KS Emerging Leaders)

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2007
  • Contributing Author, "Inside the Minds, Construction Law Litigation Strategies"
    -Aspatore
2006
  • Design Professional Liability in Kansas
    -Kansas Bar Association Construction Law Handbook
2005
  • The Kansas Residential Construction Defect Act: A Schematic Blueprint for Repairs
    -The Journal of the Kansas Bar Association
1985
  • Liability of Engineers for Structural Design Errors: State of the Art Considerations in Defining th
    -30 Villanova Law Review 403 (1985); reprinted in Civil Engineering, American Section of Civil Engine
1983
  • Regulatory Revisions to the Surface Mining Control & Reclamation Act: An Exercise in Administrative
    -31 University of Kansas Law Review 279
1982
  • Architects' Liability for Construction Site Accidents
    -30 University of Kansas Law Review 429

Issue Alerts

2014
2014 Kansas Legislature Redefines the Practices of Architecture, Engineering, and Landscape Architecture | or

2010
2010 Legislature Changes Prompt Payment and Alternative Delivery Statutes

2008
New Construction, Dealership, Franchise, & Transportation Contracts in Kansas Can No Longer Contain Commonly-Used Liability Indemnity Provisions

2007
2007 Legislature Sets New Rules for Payments on Public Projects

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