Client Results

  • In November, 2017, Burke Robinson and Scott Long settled construction defect claims asserted against a developer and its insurers on behalf of the owners of the Bella Sera Condominiums at the Lake of the Ozarks for $4,150,000. The claims arose from the faulty construction of a dock system and multiple sources of water intrusion through the condominium building’s envelope.
  • Scott Long and Burke Robinson represented a commercial excavation contractor on a differing site condition claim for undisclosed, hard limestone material and payment of retainage. After four days of arbitration, the contractor was awarded over $495,000, including restitution for the differing site condition, its unpaid contract balance, interest, costs and all of its attorney fees.
  • Burke Robinson successfully defended a successor liability claim for withdrawal liability by the Glaziers Local Union No. 558 Pension Fund, against employer, Trifecta Contracting, Inc. The arbitrator found Trifecta was not a successor and had no liability to the Pension Fund.
  • After a trial to the court, Scott Long obtained a judgment for $4.1 million against Mid-Continent Casualty Company on behalf of the Village at Deer Creek Homeowner Association. The decision was affirmed on appeal, and the Missouri Supreme Court denied review. After defeating several efforts by the defendant to reduce the judgment, a total amount of $5,073,726 was collected, and remaining claims against Mid-Continent Casualty Company were settled for an additional $100,000.
  • Scott Long represented two separate contractors in a complex construction defect case involving more than 20 parties, arising from the construction of the Four Seasons Resort in Vail, Colorado. The matter culminated in a month of trial to the court. Multiple allegations of defective work were leveled against Scott's clients. The court dismissed all allegations of defective work, and the parties continue to litigate the issue of attorneys' fees.
  • After a bench trial, Scott Long and Burke Robinson were awarded a judgment in excess of $20 million against a Lake of the Ozarks developer on claims arising from defective construction on behalf of a homeowners' association.
  • After four years of litigation, Scott Long and Burke Robinson secured an $11 million settlement to repair significant structural damage to the Plaza Gardens Condominiums at the Lake of the Ozarks.
  • State Automobile Mutual Insurance Company paid $2.7 million in damages after Scott Long obtained judgment after a trial on an equitable garnishment action arising from a failure to provide coverage for claims resulting from defective construction.
  • Scott Long, in the District Court of Jackson County, Missouri, on behalf of The Village at Deer Creek Homeowners' Association and approximately 200 individual homeowners, was awarded a judgment for $7.2 million. The award was entered against the developer of the townhouse community, both in its role as developer and as the first HOA president, and against the general contractor who built the community.
  • After four years of intense litigation, Scott Long and Burke Robinson negotiated a $2.65 million settlement on behalf of the residents of the Summit at 16th Condominiums in downtown Kansas City to repair water damage to the interior and exterior of the structure.
  • After a lengthy trial to the court, Scott Long, on behalf of Building Construction Enterprises, Inc., obtained judgment against the Public Building Commission of Johnson County Kansas in excess of $2 million.
  • Burke Robinson and Scott Long successfully negotiated a $2.26 million settlement to resolve mechanic's liens and bond claims stretching across five counties in Nebraska and two counties in Kansas for work performed by their client, Electrical Instrumentation Unlimited of California, Inc., on the TransCanada Keystone Oil Pipeline.
  • After extensive trial preparation and effort to resolve claims with the Curators of the University of Missouri, Scott Long and Burke Robinson obtained a settlement on the courthouse steps on behalf of Building Construction Enterprises for $1.2 million to recover liquidated damages held by the owner.
  • Scott Long obtained an arbitration award in favor of client VHC Van Hoecke Contracting, in excess of $250,000 on a construction delay claim.
  • The Kansas Court of Appeals recently reinstated a punitive damage verdict in favor of client VHC Van Hoecke Contracting against Lennox Industries on a tortuous interference with a business expectancy claim. The case was originally tried to a jury in Johnson County, Kansas, by Scott Long. The jury agreed with VHC that Lennox had acted with malice in interfering with VHC's business expectancy on a public construction project, and the Kansas Court of Appeals upheld the jury's verdict.
  • Scott Long and Burke Robinson negotiated a settlement of $550,000 with general contractor J&M Contracting, Inc.'s insurance broker and builder's risk carrier to recover on a denied claim for fire damage to a public project.
  • Scott Long and Burke Robinson reached a settlement agreement on their client's behalf, an employer, with the NLRB and a local union on the second day of a formal administrative hearing to resolve an alter-ego-based labor dispute.
  • Burke Robinson reached a settlement with the Missouri Department of Conservation to recover $260,784 withheld as liquidated damages from general contractor, J&M Contracting, Inc.
  • After seven days of arbitration, Scott Long and Burke Robinson were awarded $443,485 on behalf of the Atriums at Soho West Condominium Association in downtown Kansas City to repair several common elements that had fallen into disrepair or were not addressed appropriately during an historic renovation of the condominium structure.
  • Scott Long and Burke Robinson negotiated a settlement of $225,000 on behalf of the Park Castles Condominium Association to repair a parking garage structure that should have been restored during conversion of the building from apartments to condominiums.
  • Arbitrator awards $500,000 to building owner represented by Scott Long and Burke Robinson to repair water intrusion damage and defective masonry construction.
  • Scott Long was selected as an arbitrator on a multimillion-dollar construction defect case arising out of the construction of a power plant in Atlanta, Georgia.
  • Burke Robinson was selected to join the National Lien & Bond Global Construction Industry Support System as the local counsel for all of Kansas and Missouri. www.mechanicslien.com
  • Burke Robinson recovered over $100,000.00 in material escalation costs for Ambassador Steel Fabrication, LLC, on a Kansas USACE hospital project, and also recovered its entire claim, plus interest and attorneys' fees, for steel it supplied to construct a lake dam in Kansas.

Prior results do not guarantee a similar outcome.