Shook, Hardy & Bacon represents owners, general contractors, architects, engineers, design professionals, subcontractors, specialty contractors and suppliers, as well as building product manufacturers in some of the world’s largest transportation, infrastructure and large-scale construction matters.

Shook attorneys are deeply integrated in the industry and understand the key challenges decision makers face in an ever-evolving market, positioning Shook to deliver solutions consistent with your global business strategies.

We strive to know your business as well as you do and to serve as an extension of your executive team to deliver the results you want. Shook’s attorneys are familiar with the relationships among industry participants, from the manufacturer to design professionals, from the owner to subcontractor and end-user consumer. We know the contracts and warranties involved, and we have the experience to use your contracts to prevent disputes on the front end or prompt early resolution.

Whether you are building a warehouse or medical center, an energy facility or an interstate highway and tunnel, the Shook team works in alignment with your team doing the rights things the right way the first time to strategically advance your interests and deliver better outcomes.

Ultimately, we stake our reputation on earning the trust and confidence of clients through collaborative, consistent and successful representation.

Design Professionals

  • HNTB Corporation - Defend professional and general liability cases and serve as lead trial counsel in matters across the country; manage insurance issues, resolving nonlitigation disputes with subcontractors, owner, designer-builders and developers, and respond to subpoenas and open records requests. Key Projects include the design and construction of stadiums, airports and arenas: Camping World Stadium (Citrus Bowl), Levi’s Stadium (San Francisco 49ers), Empower Field at Mile High Stadium (Denver Broncos), InfoCision Stadium (University of Akron), Oakland Arena (Oracle Arena), Louisville International Airport, San Diego International Airport, Philadelphia International Airport, and the Mid-America Center.
  • Pollard v. HNTB Corporation - Defend against negligence claims in the design of a major highway bridge in New York City after a firefighter, when responding to an emergency call, fell through the 18-inch gap between the two spans of the bridge and died. 
  • Schmidt v. HNTB Corporation - Defend against a negligence claim in providing program management services on an Illinois Tollway project after a limousine hit a traffic attenuator in a construction zone, causing the death of one passenger and the paralysis of another.
  • Goetsch v. HNTB Corporation - Defended against a negligence claim relating to specifications for a drainage gate on an exit ramp of the 405 Freeway, where a bicyclist’s front wheel fell through the grate, propelling the bicyclist over the handlebars. 
  • Nevarez v. Forty Niners Football Company, LLC - Defended against a negligence claim that the design of the Levi’s Stadium failed to comply with the American with Disabilities Act.
  • Slotter v. HNTB Corporation - Defended against a negligence claim in providing construction management services in connection with the construction of a taxiway at the Philadelphia International Airport, which allegedly resulted in injuries to a construction worker. 
  • CenterPoint Zimmer v. HNTB Corporation - Defended against a claim for additional costs allegedly incurred by the developer as a result of alleged errors or omissions in design services provided to the National Nuclear Security Administration National Security Campus Project. 

Contract Drafting + Review

  • Panasonic Energy - Negotiated a comprehensive Design-Build contract for Panasonic’s new Midwest battery plant, one of the region’s largest construction projects. Collaborated daily with 30+ legal and business stakeholders to finalize a 60+ page agreement and 35+ detailed exhibits, including safety, quality, scheduling, and financial provisions. Continuing to advise on project execution, including Phase II and GMP analysis.
  • Fairway Construction - Serving as outside general counsel, handling all contract review and negotiation, including 60+ contracts every year, many exceeding $1 million. Advised on all construction agreements for a new 78,000 sq. ft. manufacturing facility in Lamar, Missouri. Provide daily counsel on project disputes, delays, change orders, lien waivers, NDAs, and other operational issues.
  • Hostess Brands, LLC - Negotiated and revised a Design-Build Agreement (AIA A141-2014) for a new manufacturing facility in Arkadelphia, Arkansas. Developed custom contract exhibits addressing General Conditions Costs, Scope of Work, Assignment and Assumption, Liquidated Damages, and Contingency. Advised on contingency usage, substantial completion, and project close-out issues.
  • BlueScope Construction, Inc. - Revised and negotiated a $20 million design-build contract with a developer for the construction of multiple private airplane hangars in Florida.

Contractors

  • Orlando Sanford International Airport - Representing OSI in litigation against the Sanford Airport Authority (SAA) following the wrongful termination of a long-term airport operations agreement. Filed suit challenging default notices and termination. SAA countersued, alleging failure to return facilities in good condition. Also defending OSI in a related public records action under Florida law involving privileged communications. 
  • BlueScope Buildings North America - National counsel for product liability and construction litigation involving building collapses, warranty claims, and commercial disputes. Advise on Builder Agreements, warranties, and capital improvement contracts. Conduct litigation risk assessments and develop mitigation strategies. Serve as outside general counsel to a BBNA affiliate, BlueScope Construction, reviewing 45+ high-value contracts in 2023–2024, resolving project disputes, and advising on licensing and compliance for design-build operations nationwide.
  • Procter & Gamble Manufacturing Company v. BlueScope - Defended a $10 million design-defect and delay claim. 
  • JBS v. BlueScope - Defended a claim involving a building collapse, which included investigating the incident, executing a product-design and installation failure analysis, and implementing corrective actions to manage industry and customer expectations and to mitigate publicity. Expanded the root-cause risk assessment for this claim to thousands of other projects to assess and respond to other potential risks to mitigate exposure and prepare for anticipated litigation.
  • Obion Grain Company, Inc. v. BlueScope - Defended against claims of an owner for negligence and defective design, manufacture, warnings, and construction when a building partially collapsed two years after construction. 
  • Layne - Defended against a high-profile construction defect dispute involving the deep foundation of Salesforce Tower in San Francisco, with allegations centering on load-bearing issues tied to a novel subterranean construction method.
  • Layne - Defended a Granite Construction subsidiary, in litigation brought by Brushy Creek Regional Utility Authority (BCRUA) alleging defects with raw water inlet pipeline constructed in 2011.
  • Georgia Environmental Finance Authority v. Layne - Defended against claims by the state of Georgia regarding the collapse of downhole casing for a 4,000-foot deep test water well. 
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