Mr. Thornton is an Officer in the Construction Law Practice Group, a member of the Firm’s Board of Directors, and serves as President of the Firm. He has been a member of the Firm since 1981, and has practiced primarily in the area of construction law representing prime contractors, subcontractors, design professionals and owners. Mr. Thornton’s practice includes transactional work, as well as dispute resolution work in both public and private sectors.

Mr. Thornton has extensive trial and arbitration experience prosecuting and defending a wide-variety of construction-related claims, including construction defects, bid disputes and protests, construction delays, disruptions and inefficiencies, acceleration, scope disputes and contract termination disputes. Additionally, Mr. Thornton is frequently engaged during performance of the project to provide real-time legal advice to resolve open issues or to prepare for future claims.

Mr. Thornton has broad-based experience with respect to a number of delivery systems, including traditional design-bid-build, design-build, agent and at-risk construction management, integrated project delivery and turnkey. Mr. Thornton’s experience with contract pricing is equally broad-based ranging from traditional hard money competitive bids, negotiated pricing, best-value procurements and cost-plus, with or without a GMP.

Mr. Thornton is a frequent lecturer on construction law and related topics for the American Bar Association’s Forum on the Construction Industry, the Associated General Contractors of St. Louis, the National Business Institute, the Engineer’s Club of St. Louis and other trade and industry groups. Mr. Thornton has also authored a number of publications on the topics of construction law and alternative dispute resolution.

Education

• B.S., Illinois State University, 1976
• J.D., Washington University, 1980

Year Joined

1981

Practice Group

• Construction

Areas of Practice

• Bid Process
• Claims & Disputes
• Contract Default and Termination
• Contract Preparation, Negotiation & Administration
• Dispute Resolution & Litigation
• Environmental Issues
• Insurance Issues
• Mechanic's Liens and Bonds

Memberships

• American Bar Association Forum on the Construction Industry Public Contract Law Section Member, Steering Committee, Division 4, Forum, Construction Management, Design/Build and Related Concepts
• Missouri Bar
• Illinois Bar Association
• Bar Association of Metropolitan St. Louis
• Associated General Contractors, St. Louis Chapter
• American Subcontractors Association, St. Louis Chapter
• Saint Louis Council of Construction Consumers

State Bars

• Illinois
• Missouri

Additional Licenses

• U.S. Court of Appeals, Seventh Circuit
• U.S. District Court, Eastern District of Missouri
• U.S. District Court, Central District of Illinois
• U.S. District Court, Southern District of Illinois

Publications

• "Chapter 15: Missouri Litigation Settlements, Alternative Dispute Resolution." Missouri Bar Association, Second Edition. (2001)
• "Chapter 2: A Comparison of Standard Forms: The Owner-Design/Builder Contract, Design/Build Deskbook." American Bar Association, Second Edition. (2000)
• "Construction Law: At A Glance." Construction Law Newsletter. (Winter 2004)
• "Recurring Issues in the Design/Build Field." ABA Forum on the Construction Industry. (1995)
• "Standard Form Design-Build Contracts: The Owner’s Perspective." ABA Forum on the Construction Industry. (2000)
• "State/Province Review: Kansas (Chapter Update only)." Design/Build Deskbook. American Bar Association. Third Edition. (2003)
• “A Comparison of Standard Forms: The Owner-Design/Builder Contract, The Design/Build Deskbook.” American Bar Association, Third Edition (2003)
• “Withstanding the Tremors: The Golden Rules for a Rock Solid Design/Build Project,” ABA Forum on the Construction Industry and Tort Trial Insurance Practice Section Fidelity and Surety Law Committee, San Francisco, 2007 (Program Co-Chair)
• Chapter 2 A Comparison of Standard Form: The Owner-Design/Builder Contract, Design/Build Deskbook, Second Edition, 2000, American Bar Association For

Seminars

• Associated General Contractors of St. Louis, Superintendents Training Course, "Construction Law Module," St. Louis (multiple years)
• “Fundamentals of Construction Law,” ABA Forum on the Construction Industry, St. Louis, 2003
• “Value-Based Contracting – It’s Not Just Price Anymore,” ABA Forum on the Construction Industry, Washington D.C., 2003 (Program Co-Chair)
• “Comparing the New Design-Build Contract Forms - Standard Form Design-Build Contracts: The Owner’s Perspective,” ABA Forum on the Construction Industry, Washington D.C., 2000
• National Business Institute, “Advanced Construction Law in Missouri,” St. Louis, 1998
• National Business Institute, “Advanced Construction Law in Missouri,” St. Louis, 1996
• "Changing Trends in Project Delivery: The Move to Design/Build - Recurring Issues in the Design/Build Field," American Bar Association Forum on the Construction Industry, San Francisco, 1995
• National Business Institute, "Construction Law: What Do You Do When...?," St. Louis, 1988, 1986
• National Business Institute, "Illinois Construction Law: What Do You Do When...?," Collinsville, Illinois, 1987
• Associated General Contractors of St. Louis, "Changes in the New 1987 Edition of A201 General Conditions of the Contract for Construction," St. Louis, 1987
• The Bar Association of Metropolitan St. Louis -and- The Engineers Club of St. Louis, "St. Louis Briefing Conference on Construction Law," St. Louis, 1986
• University of Missouri College of Engineering, "Management of Construction Projects for Contractors," St. Louis, 1985
• “Withstanding the Tremors: The Golden Rules for a Rock Solid Design/Build Project,” ABA Forum on the Construction Industry and Tort Trial Insurance Practice Section Fidelity and Surety Law Committee, San Francisco, 2007 (Program Co-Chair)
• “Ten Key Decisions to a Successful Construction Project; Key Decision 7: Selecting and Retaining Construction Contractors and Key Suppliers,” ABA Forum on the Construction Industry, Toronto, 2005

Cases

• Bi-State Development Agency d/b/a Metro vs. Cross County Collaborative, Circuit Court of St. Louis County, Missouri, Case No. 04-CC-3335. Description: Represented joint venture responsible for the design of an 8 mile extension to the light rail commuter system for the St. Louis metropolitan area. The joint venture also served as the construction manager for the project. The transit agency terminated the joint venture for default and filed suit asserting claims including breach of contract, negligence and fraud. Following a 100 day jury trial, the jury found in favor of the joint venture on all counts and awarded the joint venture substantial recovery on its counterclaim. Opposing Counsel: William Thomas, Rabbitt, Pitzer & Snodgrass, St. Louis, MO.

• Great River Medical Center vs. NBBJ, American Arbitration Association. Description: Represented Medical Center in a claim against the design professional for substantial water intrusion. Following a one-week arbitration, a substantial award was entered on behalf of the medical center. Opposing Counsel: Thomas Rosenberg, Roetzel & Andress, LPA, 155 East Broad Street, 12th Floor, Columbus, OH 43215.

• Niehaus Construction Services, Inc. vs. Ameristar Casino St. Charles, Inc., Alberici Constructors, et al., Circuit Court for the County of St. Charles, State of Missouri, Cause No. 03-CV-125256. Description: Represented prime contractor in multiple party equitable mechanic’s lien case arising out of the construction of a casino in St. Louis. Opposing Counsel: Joseph Colagiovanni, Bryan Cave, 1 Metropolitan Square, Suite 3600, St. Louis, MO 63102.
• Fru-Con Construction Corp. and Novus Development Co., American Arbitration Association, Case No. 58Y1100020101. Description: Contractor claim for non-payment; owner claim of improper suspension of work by contractor. Opposing Counsel: Chris Rausch, Novus Development Co., 20 Allen Avenue, Webster Groves, MO 63119.
• Lake Shore Mining Co., Inc. vs. Gunther-Nash Mining Construction Co., American Arbitration Association, Case No. 57-110-00006-01. Description: Multiple scope and schedule claims between prime contractor and its design-build subcontractor. Opposing Counsel: Allen Schlinsog, Reinhart, Boerner, Van Deuren, Norris & Rieselbach, 1000 North Water Street, Milwaukee, WI 53203.
• Anheuser-Busch v. Natkin & Company, City of St. Louis, Missouri; Case No. 962-00671. Description: Representation of a mechanical contractor concerning disputes arising out of the renovation and new construction at a metropolitan area brewing facility. Claims by the mechanical contractor included improper termination, excessive changes and owner-caused inefficiencies. Claims by the owner included consequential damages due to delays, and cost overruns incurred in completing the scope remaining after termination. Opposing Counsel: Joseph Colagiovanni, Bryan Cave, 1 Metropolitan Square, Suite 3600, St. Louis, MO 63102.
• Family Company of America, L.C. and Schnuck Markets, Inc., American Arbitration Association, Case No. 58181008996. Description: Defended seller against claim for fraud by purchaser of approximately 20 grocery stores. Opposing Counsel: Mark Gommerman, Helfrey, Simon & Jones, P.C., 212 South Central Avenue, Suite 300, Clayton, Missouri 63105.
• Roy A. Elam Masonry, Inc. vs. Fru-Con Construction Corporation, St. Louis City Circuit Court, Cause No. 922-09136, Div. No. 1; Missouri Court of Appeals, Eastern District, Appeal No. 68114. Description: Defense of prime contractor against claims by masonry subcontractor for breach of contract and fraud arising out of the construction of a high-rise, metropolitan office building. Reported at 922 S.W.2d 783 (Mo. App. E.D. 1996). Opposing Counsel: J. Dennis O’Leary, Dubail Judge, 275 N. Lindbergh, St. Louis, MO 63141.
• Sverdrup Corporation vs. Edwardsville Community Unit School District No. 7, and Board of Education of Edwardsville Community School District No. 7, U.S. District Court, Southern District of Illinois, Case No. 95-805-WDS and companion case Edwardsville Community Unit School District No. 7 vs. Sverdrup Corporation, Case No. 95-L-1488, Madison County, Illinois Circuit Court. Description: Prosecution of claim of wrongful termination/defense of claim for damages due to inaccurate cost estimate. Opposing Counsel: Larry Hepler, Burroughts, Hepler, Broom, MacDonald & Hebrank, 2 Mark Twain Plaza, Suite 300, 103 West Vandalia Street, Edwardsville, IL 62025.
• Elling Brothers vs. Sverdrup Corporation, American Arbitration Association (Somerset, New Jersey), Case No. 18 110 0260 92. Description: Defense of design/build contractor against claims by the process mechanical subcontractor arising out of the construction of a distribution and packaging facility located in the northeastern United States. Opposing Counsel: Donald F. Nicolai, Lindabury, McCormick & Estabrook, 53 Cardinal Drive, Westfield, NJ 07091.
• Fru-Con Construction Corp. and Southwestern Redevelopment Corp. II, American Arbitration Association, St. Louis, Missouri, Case No. 58 110 0073 94. Description: Multiple scope, schedule and disruption claims by contractor against owner in connection with construction of high data center. Opposing Counsel: Timothy Hayes, Timothy Hayes & Associates, 120 South Central, Clayton MO 63105.
• Fru-Con Construction Corp. vs. Southwestern Redevelopment Corp. II, Missouri Court of Appeals, Eastern District, Appeal No. 67724. Description: Reported at 908 S.W.2d 741 1995). Opposing Counsel: Timothy Hayes, Timothy Hayes & Associates, 120 South Central, Clayton MO 63105.
• Landmark Excavating and Equipment Company d/b/a Landmark Equipment Company vs. State of Missouri Department of Conservation, Circuit Court of Cole County, Missouri, Case No. CV186-268CC. Description: Prosecution of breach of contract and differing site conditions claims on behalf of an earth moving contractor against the Missouri Department of Conservation. Opposing Counsel: Michael P. Riley, Carson & Coil, 211 East Capitol Avenue, Jefferson City, MO 65102.
• Appeal of Hercules Construction Company, VABCA. Description: Represented several subcontractors asserting claims through the prime against the Veteran’s Administration for extra costs due to inefficiencies resulting from defective plans and specifications. Claims were resolved following mediation. Counsel for Hercules: Thomas J. Kelleher, Smith, Currie & Hancock, 2600 Harris Tower – Peachtree Street, N.E., Atlanta, Georgia 30303-1530. Counsel for Government: Phillipa Anderson, Deputy General Counsel, Department of Veteran’s Affairs, 801 I Street, N.W., Washington D.C.
• Wulff Brothers Masonry vs. McCarthy Brothers Construction Company, Cole County, Missouri Circuit Court. Description: Defense of the prime contractor against delay and disruption claims by the masonry subcontractor arising out of the construction of a government office building. Opposing Counsel: Stephen J. Scott, Hindman, Scott & Goldstein, 1001 East Walnut Street, Suite 300, Columbia, MO 65201.
• Bridges-Gallagher vs. Kirkwood School District, American Arbitration Association, St. Louis, MO. Description: Prosecution of delay, disruption and extra work claims by a mechanical contractor arising out of renovation and new construction work at multiple sites for a local school district. Opposing Counsel: Charles Weiss, Bryan Cave, 1 Metropolitan Square, Suite 3600, St. Louis, MO 63102.
• Village of Cairo, Missouri vs. Bodine Contracting Co., Missouri Court of Appeals, Western District. Description: Contractor has the right to suspend performance due to owner non-payment without sacrificing its right to arbitration. Reported at 685 S.W.2d 253 (Mo. App. W.D. 1985). Opposing Counsel: Dick Woods (deceased), Stinson, Mag & Fizzell, Kansas City, MO.
• L.E. Myers Company -vs- M&A Electric Cooperative, et al., Eastern District of Missouri, Case No. 1:94CV100-SNL. Description: Prosecution of claim for delays and cost overruns in connection with the construction and erection of electrical transmission towers. Opposing Counsel: Patrick A. Baumhoer, Stockard, Andereck, Hauck, Sharp & Evans, 101 W. McCarty Street, Jefferson City, MO 65102.
• Hervey Company, Debtor-in-Possession, by and through its Statutory Trustees, James Brenner and B.G. Bryan, Officers, and J. Lee Schoenith and Thomas Lee Schoenith, Directors vs. Associated Electric Cooperative, Inc. and Burns & McDonnell Engineering Company, Circuit Court of Randolph County, Missouri, Case No. CV-3-85-96-CC. Description: Prosecution of delay and disruption claims for the bankruptcy estate of an electrical subcontractor on a coal-fired power plant project. Opposing Counsel: Patrick A. Baumhoer, Stockard, Andereck, Hauck, Sharp & Evans, 101 W. McCarty Street, Jefferson City, MO 65102.
• Clifford W. Murphy, Trustee of American Drilling Service Company Liquidating Trust vs. Zurn Industries, Inc., American Arbitration Association (Atlanta, Georgia), Case No. 30 110 0090 82. Description: Prosecution of claims for, and the defense of claims against, a drilling subcontractor arising out of the construction of several cooling towers for a nuclear power facility owned and operated by the Tennessee Valley Authority. Opposing Counsel: Thomas J. Wingfield, Varner, Stephens, Wingfield, McIntyre & Humphries, 1000 Grant Building, Atlanta, GA 30303.