Construction Law

Moffatt Thomas attorneys’ expertise in construction issues plus the firm’s depth of experience in complementary practice areas such as commercial litigation, real estate and land use, environmental & natural resources, employment law and insurance defense, provide Moffatt Thomas construction clients with full-service legal representation.

Practice Profile

The construction law and litigation attorneys at Moffatt Thomas provide a broad array of services that encompass all phases of the construction process, from construction contract formation and negotiation through claims analysis and resolution. Moffatt Thomas represents owners, design professionals, contractors, and subcontractors in all aspects of construction law.

  • Construction Contracts and Negotiations
  • Construction Claims
  • Construction Default
  • Construction Defects
  • Construction Litigation
  • Premises Liability Claims
  • Environmental Issues
  • Mechanics Liens and Payment Bond Claims
  • Professional Malpractice: Construction Design Deficiency
  • Alternative Dispute Resolution

Moffatt Thomas has the distinctive ability to offer our construction clients additional legal services benefitting the construction client’s business. By taking a holistic approach to our clients’ businesses, in addition to construction issues our firm can represent client interests during formation of the company, capital financing and leasing, government and regulatory affairs, real estate development transactions, personal injury or death cases during construction projects, employment and labor issues, and business succession strategies.

Moffatt Thomas attorneys from various practice areas provide ongoing educational seminars for businesses working in the construction industry. For example, Moffatt Thomas business and banking attorney and firm President, Christine Nicholas, recently presented a lunch and learn seminar to the Idaho Chapter of the Construction Financial Management Association (CFMA) titled,  “To Lease or Not to Lease! Considerations for the Construction Financial Manager When Leasing Equipment.”  This type of cross-practice focus on the construction industry is an advantage to our clients, and that focus sets Moffatt Thomas apart from law firms lacking the same depth of experience and diverse legal service offerings.

Moffatt Thomas is a member of the Idaho AGC, and through that chapter membership, a member of the Associated General Contractors of America.

Idaho AGC

 

Experience

  • Led negotiation and documentation of AIA and ConsensusDOCS agreements for project owner with architect and contractor in connection with development of new $15 million building and renovations to existing building improvements.
  • Represented a regional industrial equipment company in various litigated actions ranging from wrongful death matters to products liability cases.
  • Summary judgment on behalf of builder/developer in federal court litigation arising from a $1 million fire loss.
  • Mediation of matters involving significant exposures resulting in numerous successful resolutions.
  • Dismissal of construction defect lawsuit on behalf of builder.
  • Summary judgment for logging truck company in property damage suit.
  • Defended construction company in wrongful death action involving a claim that a trucking company failed to provide safe and lighted area for truck drivers.  Also defended a number of other construction cases involving cranes, scaffolding, and exposure to electricity.
  • Represented manufacturers and distributors of such products as caulking, tools, galvanized chain, health care products, and industrial chemicals in products liability actions.
  • General outside employment and trial counsel to multiple Idaho employers ranging from 5 to 2,500 employees.
  • Represented national elevator company in action to foreclose mechanic’s liens against hotel property.

A Moffatt Thomas construction seminar was recently presented to the Construction Financial Management Association (CFMA), titled,  “To Lease or Not to Lease! Considerations for the Construction Financial Manager When Leasing Equipment.”   Presented by Christine E. Nicholas, Shareholder and President of Moffatt Thomas.

News

Chirstine E Nicholas

Equipment Leasing for Construction Financial Managers – Christine E. Nicholas to present to CFMA

Christine E. Nicholas, president of the law firm Moffatt Thomas, will present at the quarterly meeting of the Idaho Chapter of the Construction Financial Management Association (CFMA) on Thursday, April 28, 2016. The presentation is titled, “To Lease or Not to Lease! Considerations for the Construction Financial Manager When Leasing Equipment.”

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Idaho Law Firm, Moffatt Thomas, Ranked Among the Nation’s 2016 “Best Law Firms” by U.S. News

Moffatt Thomas has been named one of the nation’s “Best Law Firms” for 2016 from the publishers of U.S. News […]

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Moffatt Thomas Attorneys James L. Martin and Tyler J. Anderson present to University of Idaho law students: “Practical Tips for Discovery in Complex Litigation”

Moffatt Thomas attorneys Jim Martin and Tyler Anderson discuss the process of filing a lawsuit and taking it to trial at the University of Idaho College of Law – Boise on Thursday, October 15, 2015.

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Attorney Tyler Anderson delivers presentation on “Civil Litigation” at Citizens Law Academy

Tyler Anderson, partner at the law firm Moffatt Thomas, presented on "Civil Litigation" to the Citizens Law Academy on 10/28/14.

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Benjamin C Ritchie

Benjamin C. Ritchie, Moffatt Thomas, Presents “Correct Hiring Practices” at Idaho Department of Labor Employer Workshop

Moffatt Thomas attorney, Benjamin C. Ritchie, presents "Correct Hiring Practices" at Idaho Department of Labor Employer Workshop, Idaho Falls Office, June 9, 2016.

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Workers’ Compensation Workshop at Idaho Department of Labor led by Moffatt Thomas Attorneys David Gardner and Ben Ritchie

Idaho Department of Labor Employer Workshop on Workers' Compensation will be led by Moffatt Thomas attorneys, David Gardner and Ben Ritchie.

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University of Idaho hears practical tips for Discovery in Complex Litigation from Moffatt Thomas Attorneys, James L. Martin and Tyler J. Anderson

Moffatt Thomas attorneys Jim Martin and Tyler Anderson discuss the process of filing a lawsuit and taking it to trial at the University of Idaho College of Law – Boise.

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Family and Medical Leave Act Workshop – Moffatt Thomas Attorney Ben Ritchie to Present at Idaho Department of Labor

Moffatt Thomas attorney Ben Ritchie will provide current information for employers regarding the Family and Medical Leave Act (FMLA) at the Idaho Department of Labor workshop in Idaho Falls on October 9, 2014.

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C Clayton Gill

DOL Has Published the Amended FLSA (Overtime) Regulations — Employers Must Comply By December 1, 2016

DOL Has Published the Amended FLSA (Overtime) Regulations — Employers Must Comply By December 1, 2016. An update on overtime regulations by Moffatt Thomas attorney, C. Clayton Gill.

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MOFFATT THOMAS ATTORNEYS NAMED BY BEST LAWYERS® 2016

Moffatt Thomas attorneys were recently selected by their peers for inclusion in Best Lawyers in America© 2016.

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Patricia M Olsson

Patricia M. Olsson, Moffatt Thomas Attorney, Idaho Business Review 2016 Women of the Year Honoree

Moffatt Thomas attorney, Patricia M. Olsson, honored as one of 50 women award recipients at the February 25th IBR Women of the Year Gala.

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Resources

Jamie K Moon

New OSHA Online Reporting Rule Sparks Debate in High-Risk Industries, Jamie K. Moon

On May 30, OSHA issued a final rule regarding reporting requirements for qualifying industries. The new rule (to be codified at 29 C.F.R. Part 1904) requires certain companies to report workplace injuries and illnesses data online to OSHA. This includes companies in the manufacturing, construction, trucking and farming industries, which are considered high-risk industries where workplace injuries and illnesses are typically more prevalent.

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C Clayton Gill

DOL Has Published the Amended FLSA (Overtime) Regulations — Employers Must Comply By December 1, 2016

DOL Has Published the Amended FLSA (Overtime) Regulations — Employers Must Comply By December 1, 2016. An Employment Law update by Moffatt Thomas attorney, C. Clayton Gill.

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Benjamin C Ritchie

Family and Medical Leave Act Workshop – Idaho Department of Labor: FMLA presented by Moffatt Thomas Attorney, Ben Ritchie

Family and Medical Leave Act Workshop for the Idaho Department of Labor: Family Medical Leave Act (FMLA) presented by Moffatt […]

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Mindy M Muller

EEOC opens the door to employer-sponsored wellness programs, by Mindy (Willman) Muller

The EEOC's proposed rule on employer-sponsored wellness plans is not yet final, and the public now has an opportunity to comment on the rules….Comments on the proposed rules must be received by the EEOC on or before June 19, 2015.

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Gerald T Husch

What Every Employer Needs To Know Before Terminating An Employee

What Every Employer Needs To Know Before Terminating An Employee, by Gerald T. Husch Presented at 2014 Idaho SHRM Conference […]

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C Clayton Gill

Recent Developments in Idaho’s Mechanic Lien Laws – September 2011

Recent Developments in Idaho’s Mechanic Lien Laws, by C. Clayton Gill Download PDF

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