Past Cases

Dan has acted as lead counsel in numerous bench and jury trials representing both Plaintiffs and Defendants

• Represented an individual who was a member of a limited liability company where the co-owners were disputing the amount of disbursements based on each member’s relative ownership share of the company. The operating agreement required the disbursement of a certain fixed amount. The lawsuit lasted more than 2 years. One month prior to trial, a settlement was negotiated, which saved the client $2,000,000 (based on what was allegedly owed to the partner pursuant to the terms of the operating agreement).

• Co-counseled a 4 day trial, defending the general contractor and sureties on a $98 million construction project, where two claimants (subcontractor and supplier) were seeking in excess of $1 million in the aggregate. The case lasted 4 years. One of the claimants received $0. The other claimant took judgment for $492 (additional funds were paid into interpleader early in the case because the general contractor agreed that said amount was still due and owing under the contract).

• Co-counseled
  a matter involving an $18 million construction project, prosecuting the claims
  of the general contractor, in which the owner failed to pay approximately $4 million—after attorney’s fees and
  interest, we took judgment in the amount of $5.1 million

• Acted as lead counsel in defending a large
  homebuilder client against claims by a consumer based on violations of the
  Missouri Merchandising Practices Act (“MMPA”)—the basis of the claims were
  misrepresentations, deceptive and unfair practices—the case was litigated for a
  year and a half and resulted in a mutual
  dismissal of all claims with no money paid just a few weeks before trial.  

• Represented a general contractor in a 3
  day trial where homeowner brought claims for alleged defective workmanship,
  specifically electrical work and remodeling work where the contractor had
  potential exposure of $40,000. General
  contractor was seeking collection of $2,000-3,000
  against the homeowner. Prior to judgment being entered, a settlement was
  negotiated where the contractor paid $0 to
  opposing party. A separate settlement agreement was negotiated with
  contractor’s insurance company to obtain $12,500
  in reimbursement for a substantial portion of the attorney’s fees paid by the general
  contractor.

• Argued a 1 day bench trial, defending an
  individual who was being sued by an estate on a breach of contract claim in the
  amount of $10,000—received a
  judgment in favor of the client in which the Court required the client to pay $0.

• Argued 1 day arbitration for a
  siding/roofing company in which the company had potential exposure of $7,000 to $8,000, arbitrator ruled in
  favor of the siding/roofing company requiring that the siding/roofing company
  complete a few punchlist items, but ultimately, siding/roofing company was not required to pay homeowner
  any money.

• Represented clients in a case where a
  plumbing company came to rectify sewage back up in property and failed to tie
  main kitchen drainage line back into the main plumbing stack, causing putrid
  smell in clients’ home for approximately 2 years—obtained $50,000 settlement.

• Represented a debtor who suffered an
  unexpected, abrupt illness requiring the removal of a portion of her lung.  Insurance refused to cover her claims and
  left her with approximately $400,000
  in medical debt—negotiated the debt down to obtain a $20,000 settlement, saving the client approximately $380,000.

• Represented victim who suffered injuries
  in a motor vehicle accident where he suffered lacerated liver, kidney, and
  spleen—the at-fault driver’s insurance had lapsed several days prior to the
  accident—made a claim under the client’s uninsured motorist coverage, stacking
  policies and recovering the policies’ maximum of $50,000 for the client.

• Argued a hearing before the Kansas
  Department of Labor regarding an employer’s failure to pay the employee his
  wages—presiding hearing officer issued a finding in favor of the client, in
  which the client was entitled to $1,500
  in unpaid wages plus client is entitled to double
  said amount pursuant to the statutory penalty.

• Represented a homebuyer in a
  fraudulent/negligent misrepresentation claim arising from a home sale where the
  seller made representations that the home was connected to the sewer system
  when the home was actually connected to a septic tank. The septic tank had
  disintegrated, leaving the home in a condition that did not satisfy the health
  code.  The client ultimately recovered
  approximately $20,000, which paid
  for a replacement septic system, attorney’s fees, and costs/expenses.

• Represented homebuyers in a
  fraudulent/negligent misrepresentation claim, arising from a home sale where
  the seller made representations that the home was connected to the sewer system
  when the home was actually connected to a septic tank. The septic tank was
  grossly inadequate in size for the home and would require an inordinate amount
  of emptying.  The homebuyers recovered
  approximately $15,000 to compensate
  for the damages, attorney’s fees, and costs/expenses.

• Represented a husband and wife
  (homeowners) who had a retaining wall, stairs, and a patio stoop defectively
  constructed by a contractor. The patio stoop started sinking, and the fascia
  stones on the stairs started falling off. The stone at the base of the stairs
  was unstable and constructed in a dangerous manner. In a settlement, the client
  recovered $15,500, which paid for
  reconstruction of the retaining wall, stoop, and stairs as well as costs and a
  large portion of attorney’s fees.

• Represented electrical subcontractor on a
  public project where more than $150,000 in electrical work had been performed
  by electrical subcontractor.  The general
  contractor still owed electrical subcontractor approximately $70,000.  Electrical subcontractor pursued general
  contractor and made a claim on the bond. 
  Electrical subcontractor obtained settlement in the amount of approximately
  $70,000.

• Represented an automobile service contract
  provider on a Missouri Merchandising Practices Act claim based on
  misrepresentations, in which the service contract provider had potential
  exposure of $40,000-50,000.  After hundreds of pages of motions were filed
  by the parties, the consumer agreed to a settlement with the service contract
  provider for approximately $3,000.

• Represented consumer client against a
  self-storage facility in which the storage unit negligently or purposefully cut
  the lock from one of the consumer’s storage units, leaving his personal
  property susceptible to theft. A significant amount of property was stolen by
  some unknown person/entity. The client received nearly $70,000 from the storage facility and property owner as
  compensation for the property as well as for attorney’s fees.

• Defended a property owner (client) against
  a lumber supplier in which the general contractor constructed new roofs on two
  of the client’s properties.  Although
  client paid the general contractor, the general contractor did not pay the
  supplier and had arrearages around $7,000.
  The lumber supplier sought to file a mechanic’s liens for said amount on
  client’s properties.  After exchanging
  several letters with opposing counsel, the lumber supplier ceased pursuit of
  lien filings/enforcement, and the matter was closed.  Client
  did not have to pay any money to the lumber supplier nor was a lien ever filed.

Types of Cases We Have Handled

• Represented homeowner where a plumbing company failed to tie in a kitchen drain line to the main plumbing stack, causing a horrific smell to render the clients’ home virtually uninhabitable for a period of 2 years
• Represented general contractors and subcontractors in filing mechanic’s liens on property and collecting on contract and/or quantum meruit claims
• Represented a major general contractor and joint sureties on a $98 million project where numerous parties went bankrupt, a substantial amount of funds were held by the general contractor and ultimately paid into an interpleader fund held by the court–some funds included retainage or disputed amounts allegedly owed pursuant to the contract; claims were also made against the payment bond on the project, which we defended
• Represent a stonemason in collecting from the owner on claims for breach of contract, quantum meruit, and the Missouri Prompt Payment Act
• Represented a homeowner where a landscaper defectively constructed stairs and a patio/stoop
• Represented a contractor where an apartment complex fails to pay for painting and other work performed
• Represented a painter where a homeowner fails to make payment
• Represented homeowners where a general contractor defectively constructed a pool at an improper gradient causing flooding to the clients’ home
• Represented a brewery where there were allegations of improper billing and defective work by the general contractor which installed equipment and performed electrical work

A Few Examples of Cases Our Attorneys Handle

• Representing electricians where the general contractor refuses to pay for work performed
• Representing a homeowner where a general contractor destroys a kitchen, bathroom or living room during a remodel
• Defending a general contractor and/or sureties on a payment or performance bond claim
• Representing a supplier where the contractor runs up the account and later fails to make payment

Examples of Clients We Typically Represent

• property owners
• electrical contractors (electricians)
• commercial suppliers
• engineers
• architects
• masons
• painters
• plumbers
• carpenters
• concrete workers
• landscapers
• pavestone specialists
• homeowners’ associations
• sureties/bonding companies
• any type of contractors and/or subcontractors on a residential or commercial construction project