Writing

 Books


Author

  • Aspen Publishing, Design-Build for the Design Professional (2000);

  • A Young General and the Fall of Richmond, Ohio Univ. Press (2015);

  • Ch. 4, Procurement and Contracting Challenges on Public Sector Design-Build Projects,  Design-Build for the Public Sector, Aspen Publishers (2003);

  • Chapter in Design-Build Contracting Handbook on Comparison of Various Design-Build Contracts, Aspen Publishing (2001);

  • Ch. 22, Liability of Architects and Engineers to Third Parties, Design Professional’s Handbook of Business and Law, John Wiley & Sons, (1991);

  • Ch. 3, Missouri Construction Law, Design-Build Contracts and Liabilities, Missouri Bar (1994 & 2004);

  • Chapter in Public Construction Law, Kansas Construction Law, CCH (2002);

  • Chapter, Kansas Design-Build Law, The Design-Build Deskbook, 1st - 5th editions, American Bar Assn. (1996, 2000, 2004, 2009, 2010)

Chief Editor

  • The Architect’s Guide to Design-Build Services, Wiley Press (May 2003)

Co-Author

• Ch. 1, Forms We Advocate When Representing the Architect, Construction Business Formbook, Aspen Publishers (2003)

Contributor

  • The Architect’s Handbook of Professional Practice - 14th Edition, AIA and John Wiley & Sons (2008)

Journals


Author

  • Missouri Arbitration Law, Part I, 52 Mo. Bar J.78 (1996);

  • Missouri Arbitration Law, Part II, 52 Mo. Bar J.163 (1996);

  • The AIA’s New (and Improved) Design-Build Contracts, Vol. 25, No. 2, The Construction Lawyer, ABA (Spring 2005);

  • White Paper on Condominium Liability, AIA Trust (2006).

Co-Author

  • Design-Build Contracts - Valid or Invalid? Vol. 9, No. 3, The Construction Lawyer, ABA (August, 1989);

  • Right-to-Cure Laws Try to Cool Off Condo’s Hottest Claims, Vol. 27, No. 3, The Construction Lawyer, ABA (Summer 2007);

  • Design-Build Contracts: Revisited, 25 Years Later, Vol. 34, No. 2, The Construction Lawyer, ABA (Spring 2014);

  • Is There A Doctrine in the House?, Vol. 40, No. 3, The Construction Lawyer, ABA (Summer 2020);

  • White Paper on Legal Risk of Sustainable Design, AIA Trust (2008).

Articles


Legal Issues, Kansas City Chapter CSI Newsletter (1985 to 1990)

General Counsel’s Corner, regular column in The Zweig Letter (2010-2020)

Author, various magazine articles 1988-1998 including:

  • Checklist of Owner and Contractor Submittals,” CSI Specifier (1988)

  • Liability of Asbestos Producers,” Asbestos Issues (1989)

  • Lien Waivers Under Kansas and Missouri Law,” Modern Builder

  • Checklist of AIA General Conditions Requirements,” Modern Builder (1989)

  • Letters of Intent: Agreements to Agree,” Modern Builder

  • Bid Errors,” Modern Builder

  • Collecting Payment” (a 3 part series), Modern Builder

  • April Showers Bring . . . Weather Delay Claims,” Modern Builder

  • What Every Contractor Should Know About Bid Rigging Law,” Modern Builder

  • Stamp Lending,” AIA Exchange

  • Architects and Job Site Safety,” AIA Exchange

  • Professional Seals and Disclaimers,” AIA Exchange

  • Who Can Seal Drawings in Kansas and Missouri,” AIA Exchange

  • New Licensing Laws in Kansas,” AIA Exchange

  • New Interior Design Law in Missouri,” AIA Exchange

  • Limits of Immunity for A/E as Arbiter,” CSI Specifier (1992)

  • Architect/Engineer Liability for Use of Computer Technology,” Prof. Ethics Report (1990)

  • The Acceptance Rule:  Contractor Liability for Post-Construction Accidents,” Modern Builder (1994)

  • Avoiding the Copycat:  Copyright Protection for House Plans,” Kansas City Home & Garden, (1994)

  • The New AGC Subcontract,” Modern Builder, (1995)

  • Bidding Law Change,” Modern Builder, (1997)

  • What’s New? 1997 Changes to the AIA Documents,” Modern Builder (1998)

  • The New 1998 AGC Subcontracts,” Modern Builder (1998)

  • Prompt Payment Law in Missouri,” Missouri Merchants & Mfgrs. Assn. (1995)

  • “When to Pay Time-and-a-Half,” CSI Specifier (1993)

  • Design-Build Takes the Construction Industry By Storm, But is it Legal? Springfield (MO) Business Journal (Oct. 1, 1998)

  • Design-Build Contracts: New Legal Challenges, Missouri Lawyers Weekly (Aug. 17, 1998)

  • Design-Build: Is It Legal In Missouri?, Modern Builder (1999)

  • Decade of ADA Reveals Achilles’ Heel for Firms, Design-Build Magazine (2000)

  • What Every Architect Needs To Know About Design-Build, Colorado Architect (1999)

  • Getting Paid For Your Work! What Architects and Their Clients Should Know, Missouri Architect Magazine (2000)

  • Good Samaritan Laws: What Is My Liability When I Volunteer?, Modern Builder (2000)

  • Getting Paid For Your Work! What Architects and Their Clients Should Know, Missouri Architect (2000)

  • Computer-Aided Design and Electronic Documents: How to Better Manage Your Firm’s Liability, The Construction Specifier (2001)

  • For Best Proposals, Owners Need to Pay Those Who Play, Design Build Magazine (Feb. 2001)

  • Hiring Construction Managers for School Projects In Missouri, Missouri Architect (2002)

  • Architect Selection Laws & the Brooks Act, AIA/KC Exchange (2002)

  • 2004 Sets Record for Design-Build Legislation, DBIA Dateline (2004)

  • Condominium Claims and Missouri’s Right-To-Cure Law, Modern Builder (2005)

  • Condo-Mania Has Its Risks, ABA Forum on the Construction Industry Newsletter (March 2006)

  • Taking the Lead in Design-Build, American Institute of Architects newsletter (2006)

  • Condominium Market – A Red Hot and Risky Business, A Law Day Supplement to the Kansas City Business Journal from the Missouri Bar (2006)

  • Condo Market Is Booming, But Can Still Be Considered Risky, The Daily Record (May 19, 2006)

  • Red-Hot Condominium Market Comes With Risk, Springfield (MO) Business Journal (July 24-30, 2006)

  • Bid Shopping, Bid Peddling, and Bid Chiseling – Just as Dirty as They Sound, Design-Build DATELINE (July-August 2006)

  • Some Missouri Licensing Board Changes … You Might Have Missed, AIA Legal Brief (Aug. 2006)

  • False Claims and Fairy Tales on Design-Build Projects, Design-Build DATELINE (Sept. 2006)

  • Update on Condominium Liability Laws: Which States Are “Safest” for Your Next Project, AIArchitect (Sept. 2006)

  • The Hyatt Skywalk Disaster: 25 Years later, Engineering Industry Impacts, KC Counselor Magazine (KCMBA) (Oct. 2006)

  • Changes in Legislation Affecting the Design-Build Community, DBIA Mid-America Chapter newsletter (Oct. 2006) 

  • Getting Paid!  What Architects Should Know, AIA/KC Building Blocks (Oct. 2006)

  • Design-Build Legislation Sweeps the Nation, The Angle (March 2007)

  • Design-Build Legislation Sweeps the Nation, AIArchitect (March 2007)

  • DBIA Teams with AIA on International Design-Build Conference, Design-Build DATELINE (June 2007)

  • 2007 Changes in Law Have Architects Smiling, AIA/KC Building Blocks (Aug. 2007)

  • Peer Review Privilege,” Engineering News Record (Feb. 13, 2012)

  • Playing Defense,” Architect magazine (July 2012)

  • Missouri Enacts First Peer Review Privilege for Design Professionals, Structure magazine (Aug. 2012)

  • A Look Back at Design Standard Shifts: ADA vs. COVID-19,” Building Design + Construction (June 23, 2020)

Podcast, Design-Build in the U.S. and U.K., American Institute of Architects (Sept. 2007)

Co-author, The Organized Design Team and Design-Build in Japan, AIA Design-Build (2007)

Co-author, AIA Members Strive to Be “Legally and Ethically” Green, AIArchitect,  (Jan. 2008)

Co-author, AIA Pushes Members to Be “Legally and Ethically” Green, Exchange, AIA/KC Newsletter (Jan. 2008)

Co-author, AIA Pushes Members to Be “Legally and Ethically” Green, AIA/ Kansas Newsletter (Feb. 2008)

Author, Pending Construction Legislation in Kansas and Missouri, AIA/Kansas City Newsletter (April 2008)

The Ethics Advisor; a monthly column in DBIA Design-Build Dateline (2005)

  • “Conflicts of Interest” (July-Aug.)

  • “Ethical Issues in the Interview Process” (Sept.)

  • “Copying and Re-Use of Proposals and Designs” (Oct.)

  • “When Unethical Conduct Becomes Criminal” (Nov.)

  • “Ethical Issues for Project Owners” (Dec.)

The General Counsel’s Corner, a regular column in The Zweig Letter:

  • “Design professionals and OSHA,” (Feb. 15, 2010)

  • The Law of Betterment,” (April 19, 2010)

  • Arbitrate or Litigate?” (June 21, 2010)

  • Offer and Acceptance: The Contract Essentials,” (Aug. 20, 2010);

  • Lessons Learned from Skywalk Collapse,” (Oct.18, 2010)

  • Screening Panels and Certificates of Merit,” (Feb. 14, 2010)

  • What is Alternative Dispute Resolution?” (May 16, 2011)

  • Waivers of Consequential Damages,” (Oct. 3, 2011)

  • Adhesion Contracts are a Sticky Issue,” (Nov. 14, 2011)

  • Peer Review Privilege,” (Feb. 20, 2012)

  • What’s My Liability as a Volunteer?” (Apr. 12, 2012)

  • Design-Build Contracts,” (Sept. 24, 2012)

  • Do You Read Your Contracts?” (Nov. 2012)

  • Acting as Owner’s Agent,” (Jan. 2, 2013)

  • Government Contracts,” (Apr. 22, 2013)

  • Potted Plants: Defending Company Employees at a Deposition,” (July 22, 2013)

  • Protecting Copyrights,”(Oct. 21, 2013)

  • U.S. Court System Explained,” (Jan. 27, 2014)

  • Watch for Hidden Warranties,” (May 5, 2014)

  • Are Drones Grounded for Now?” (Sept. 8, 2014)

  • The Beacon Condo Case,” (Dec. 1, 2014)

  • LFRT Study on Imperfection in Design and Construction,” (March 9, 2015)

  • DBIA’s New Surety Bonds,” (May 25, 2015)

  • Foul Ball! Who’s Liable If You Get Hit?” (Oct. 19, 2015)

  • Bridging the Gap,” (May 2, 2016)

  • Complying with the Building Code,” (June 27, 2016)

  • Toxic Content,” (Aug. 8, 2016)

  • Offers and Counteroffers,” (Nov. 14, 2016)

  • Crimes & Misdemeanors” (Jan. 23 & 30, 2017)

  • Volunteer Immunity,” (March 6, 2017)

  • Progressive Design-Build,” (April 3, 2017)

  • Recovering Unpaid Fees,” (July 30, 2017)

  • Final Decisions of Owners,” (Oct. 23, 2017)

  • Economic Loss Doctrine,” (Jan. 22, 2018)

  • Spearin Doctrine,” (April 9, 2018)

  • Work for Hire Doctrine,” (June 4, 2018)

  • Impossibility of Performance Doctrine,” (Oct. 22, 2018)

  • Accepted Work Doctrine,” (Dec. 10, 2018)

  • Say What?! The Doctrine of Contra Proferentum,” (April 22, 2019)

  • Supermen and Exact Sciences,” (June 24, 2019)

  • Prevention Through Design,” (Oct. 7, 2019)

  • Shop Drawing Liability,” (Jan. 6, 2020)

  • A Look Back at Design Standard Shift,”(Sept. 13, 2020)

 Published Court Opinions


  • Kansas City Community Center v. Heritage Industries, Inc., 972 F.2d 185 (8th Cir. 1992)

  • Brookfield R-III Sch. Dist. v. Tognascioli, et al., 845 S.W.2d 103 (Mo. App. W.D. 1993)

  • McCarney v. Nearing, Staats, Prelogar & Jones, 866 S.W.2d 881 (Mo. App. W.D. 1993)

  • Sneary v. Director of Revenue, 865 S.W.2d 342 (Mo. banc 1993)

  • Dillard v. Shaughnessy Fickel & Scott Architects, 864 S.W.2d 368 (Mo. App. W.D. 1993)

  • Dillard v. Shaughnessy Fickel & Scott Architects, 884 S.W.2d 722 (Mo. App. W.D. 1994)

  • Miller Stauch Const. Co. v. Williams Bungart Electric, 959 S.W. 2d 490 (Mo. App. W.D. 1998)

  • Alstom Caribe, Inc. v. Geo. P. Reintjes Co., Inc.,  484 F. 3d 106 (1st Cir. - Puerto Rico 2007)