Construction

Foulston Siefkin’s construction practice group provides a complete range of legal services to design professionals, contractors, subcontractors, suppliers, construction managers and owners for commercial, industrial and residential projects. Attorneys in the practice group assist construction industry clients with highway, power plant, waste water and water treatment plant, office building, hospital, hotel, manufacturing facility and residential construction projects, from their conception through final completion and any dispute resolution. One of our attorneys is a graduate architect and brings unique expertise and understanding to the problems facing the construction industry. With assistance from other Foulston Siefkin attorneys, our goal is to meet our construction industry clients’ every legal need.
Areas of Representation
Contract Drafting and Negotiation
We counsel with contractors (both prime and sub), design professionals, and owners in the development of project-appropriate contracts for projects of all scales.
Professional Errors & Omissions matters
We regularly defend architects and engineers from both insured and uninsured malpractice claims involving personal injury, property damage, and economic loss.
Construction Change Negotiations
We counsel with contractors and owners in evaluating the cost and schedule impact of differing site conditions, cardinal changes, project delays, and owner-directed changes.
Construction Defect Litigation
At Foulston Siefkin trial work – whether in litigation or arbitration -- is a hallmark of our practice. Our construction group not only prepares but also frequently tries construction defect cases. Recent experiences include disputes over failed roofing and other building enclosure systems, direct buried system insulation; heating, ventilating, and air conditioning systems; wastewater treatment equipment; electrical generating equipment; and digital controls.
Government Contracts
We represent contractors and subcontractors in government contract claims before Kansas Department of Transportation, the U.S. Court of Federal Claims, and the U.S. Boards of Contract Appeals.
Construction Insurance matters
Our insurance expertise includes the interpretation of and, where necessary, litigation over, commercial general liability (CGL) coverages and exclusions for contractors.
Professional Licensing and Discipline
We represent Kansas architects, engineers, and surveyors in investigations conducted by and disciplinary proceedings before the Kansas State Board of Technical Professions.
Related Links

Beazley Insurance Company, Inc.

Bowman Bowman Novick Inc.

Cessna Aircraft Company

CNA Insurance Companies

Dondlinger and Sons Construction Co.

Health Facilities Group, LLC

Howard & Helmer Architects

Integrated Consulting Engineers, Inc.

J-A-G Construction Co.

Jeff Krehbiel Associates

K-State Athletics, Inc.

PBA Architects, P.A.

Professional Engineering Consultants PA

Professional Mechanical Contractors

Schaefer Johnson Cox Frey & Associates, PA

Shelley Electric, Inc.

Snodgrass & Sons Construction Co, Inc.

Spangenberg Phillips Architecture

Spirit AeroSystems, Inc.

The Waldinger Corp.

WDM Architects P.A.

XL Design Professional

  • 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

  • Defense counsel for the project design team in the successful trial court defense against a $6.5 million economic loss claim (arising from RFI’s) made by the general, mechanical, and electrical contractors on the Kansas State University Farrell Library renovation and expansion project.

  • Counsel for the prime contractor and its surety in the successful defense of an $11 million construction defect claim filed by the owner State of Kansas.

  • 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.

  • Co-counsel to the owner in a $15 million cost and schedule dispute over the construction of the Cardinal Health corporate headquarters in Dublin, OH.

  • Special counsel to the utility owners for evaluation of construction at the Wolf Creek Nuclear Generating Station.

  • 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.

  • Developed the design and construction contracts for Exploration Place, Wichita, KS

2011
Trends in Owner and Subcontractor Contracts (Construction Leadership Council)

2009
Contracts and Risk Management for Engineers (ACEC)

2008
Contracts and Risk Management for Engineers (ACEC)

2007
Contracts and Risk Management for Engineers (ACEC)