CONSTRUCTION LAW AND LITIGATION
Daniel Estes protects businesses from litigation related to construction and development projects. He works with numerous contractors, trade subcontractors and insurance carriers defending claims and suits related to residential and commercial construction projects. In the past, he has handled breach of contract claims, liquidated damages claims, delay claims, surety actions, payment disputes and numerous construction defect claims.
In addition to litigation, he advises clients on construction contracts under negotiation, including AIA and ConsensusDocs form contracts, as well as advising on insurance coverage law for owners, general contractors and trade subcontractors. Mr. Estes also represents and defends design professionals, including architects and engineers, on design defect claims, breach of contract claims and professional negligence claims often associated with construction litigation.
In over a decade of representing contractors in disputes and lawsuits, Mr. Estes has defended his clients in pre-suit disputes, arbitration, mediation and in jury trials. Each of these clients receives the benefit of his experience with construction law and litigation from the small residential defect to the multi-million dollar claims of construction defects and breach of contract on major commercial projects.
Mr. Estes advises the firm’s insurance clients on coverage analysis and insurance coverage litigation. His work involves all types of claims and policies, including CGL, Property, E&O and specialty insurance policies when a thorough legal opinion is needed on an insurance company’s coverage.
BUSINESS LAW AND TRANSACTIONS
Mr. Estes consults and advises business from all industries on business transactions and contracts, including real estate and leasing agreements, non-compete agreements, supplier and procurement agreements, copyright and trademark protection, representation agreements, authorized reseller agreements and business sales transactions. His business clients appreciate that Mr. Estes is “on-call” for them and handles time-sensitive business matters quickly and efficiently with an appreciation for the business decisions that his clients must make on a daily basis.
Construction Law and Litigation
Insurance Coverage Law and Litigation
Business Law and Transactions
Havens Steel v. American Buildings Company, et al. - Mr. Estes defended a metal roofing manufacturer that supplied almost 40 acres of metal roofing for a steel plant from allegations of defective design resulting in water leaks.
Dairy Oz v. Wheatland Electric Coop., et al. - Mr. Estes defended the electric cooperative through a jury trial on claims that stray voltage adversely impacted a diary farm.
Extended Stay America v. Fullerton Building Systems, et al. - Mr. Estes defended a panelized building construction company against claims of moisture intrusion and defective EIFS application on two ESA hotel construction projects.
In Re Altamira Litigation - Mr. Estes defended a masonry contractor from claims of defective brick construction on a condominium building that suffered a partial foundation failure. Mr. Estes argued before the Kansas Court of Appeals in this matter resulting in the appellate court affirming the lower court’s dismissal of a large portion of the plaintiff’s claims by summary judgment.
The Weitz Company v. Horizon Plumbing, et. al. - Mr. Estes defended Horizon Pluming on claims of construction defects, contract delays and liquidated damages claims related to the construction of an apartment complex.
Corbis Corporation v. Global Control Systems - Mr. Estes defended Global Control Systems on claims of copyright infringement related to electronic images.
The Law Company v. Security Fire Sprinkler - Mr. Estes represented a fire sprinkler supplier and installer in arbitration proceedings for claim by general contractor related to accidental fire sprinkler activation in a senior living facility.
Continental Western Insurance Group
CNA Insurance Company
EMC Insurance Company
QBE Insurance Group
Amerisure Insurance Company
Systemair Manufacturing, Inc.
Corvan Construction/JCTD Properties, Inc.
Small Dog Electronics
University of Kansas, B.A. (1996) Political Science, with honors, and Communications
University of Kansas, J.D. (1999)
University of Kansas Law Review
United States District Court for the District of Kansas (1999)
United States District Court for the Western District of Missouri (2001)
United States District Court for the Eastern District of Missouri (2006)
Listed in 2010-12 Rising Stars Editions of Missouri and Kansas Super Lawyers® in the area of Construction Litigation.
Law of Construction Defects and Failures - Seminar presentation on Types, Causes and Consequences of Construction Defects, October 3, 2012.
Defense Research Institute (DRI) Construction Litigation Desk Reference
Daniel authored the Kansas chapter of this new publication that is part of DRI’s Defense Library Series. The Construction Litigation Desk Reference is a state-by-state resource for issues in construction law and litigation. It addresses the issues of insurance coverage and exclusions, causes of action in construction disputes, mechanic’s and materialman’s liens, surety and bonding issues, legal defenses to common claims, alternative dispute resolution and arbitration and damages in the construction litigation context. Obtain a copy of the desk reference from DRI through their bookstore.