Duane Morris LLPPartner

Mr. Benton Thomas Wheatley

About Mr. Benton Thomas Wheatley

Mr. Benton Thomas Wheatley is a lawyer practicing construction and engineering and design transactions, environmental, construction and engineering and design litigation/disputes resolution and 4 other areas of law. Benton received a B.A. degree from University of North Carolina at Chapel Hill in 1986, and has been licensed for 26 years. Benton practices at Duane Morris LLP in Austin, TX.

 

Awards

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Services

Areas of Law

  • Alternative Dispute Resolution 1
    • Arbitration
  • Other 6
    • Construction and Engineering and Design Transactions
    • Environmental
    • Construction and Engineering and Design Litigation/Disputes Resolution
    • Litigation: Commercial
    • Construction and Engineering and Design Project Work-Outs
    • Construction

Practice Details

  • Firm Information
    Position
    Partner
    Firm Name
    Duane Morris LLP
  • Representative Cases & Transactions
    Cases
    Representative Matters: Representing Flintco, LLC, an Oklahoma-based construction company, as lead counsel in a major claim against an electrical contractor who walked off a high profile public project in Oklahoma, costing Flintco approximately $5 million in increased project costs.
    Representing Farmer Bros. Co., a coffee-focused foodservice company based in Texas, in connection with damage to its headquarters/manufacturing/warehouse facility
    working with the client through the forensic process,
    engaging with the designer/builder to determine the roper fix
    hopefully resolve the costs without litigation.
    Representing a holding company of large healthcare REIT Omega Healthcare in a claim of fraud, breach of contract
    alter-ego against the seller of a healthcare facility which has significant foundation defects that were not properly disclosed as part of the sale.
    Obtained a $7.9 million arbitration award for a limited partner who is a majority equity investor in the construction
    operation of a high-end living community for adults with intellectual
    developmental disabilities.
    Represented a joint venture which included an Engineering News-Record top five firm, managing the legal issues
    relationship with a governmental agency owner during completion of major civil infrastructure that experienced significant delays
    defects
    then resolved a $40 million claim by the governmental agency owner against the client for a fraction of the claim, via an early mediation process, conducted virtually. This matter is thought to be the largest construction suit in Travis County/Austin history.
    Managing counsel for national engineering firm in a claim brought against it by Connect 202 Joint Venture in Phoenix, the project designer/builder alleging overbilling on the largest civil infrastructure project in Arizona history.
    Defended the City of Sugar L
    , Texas, against a wrongful termination claim by a specialty contractor on a $75,000,000.00 performing arts center
    prosecuted third party claims against others involved in the circumstances leading to the termination
    resolved the matter for a fraction of the claim value.
    Managing review, drafting
    negotiation of upstream
    downstream contracts for a national engineering firm on large infrastructure projects around the U.S.
    serve as Managing Counsel for a claim against it on the largest civil infrastructure project in Arizona history.
    Successfully settled a major claim in Chicago, on behalf of a pre-fabricated structural column specialty manufacturer that involved a potentially catastrophic structural failure on a high rise project
    demonstrated that the issues were caused by others.
    Managed cost recovery actions against subcontractors, on behalf of a major regional contractor, when institutional owner imposed liquidated damages on client.
    Prepared
    negotiated design
    construction contracts
    oversaw entity formation
    domestication for large institutional projects in Cochabamba, Bolivia
    San Pedro Garza Garcia, Mexico
    Recife, Brazil
    Buenos Aires, Argentina

    Caracas, Venezuela.
    Established on site relationships with local counsel
    local consultants in Cochabamba
    La Paz, Bolivia
    Monterrey
    San Pedro Garza Garcia, Mexico to assist with large institutional projects.
    Drafted design
    construction contract language for owner, for use of Building Information Modeling (BIM) on a medical center project valued in excess of $300 million.
    Negotiated
    drafted a series of complex, tri-party engineering contracts with a public owner
    private concession holder for services on a $1 billion road project.
    Managed contracts for design
    construction through a client's design
    construction management office in Mexico City, Mexico.
    Managed contracts for design
    construction through a client's design
    construction management office in Mexico City, Mexico.
    Defended potentially responsible party in Federal Court CERCLA Superfund Cost Recovery claim in two week bench trial,
    obtained directed verdict on client's behalf.
    Defended a large contractor on claims of wrongful termination in a jury trial in federal court.
    Defended a structural engineer in a jury trial. The client received a defense verdict.
    Defended Texas A&M University against a $3 million construction delay/impact claim. Not only did Texas A&M receive a defense verdict, but the University was awarded damages on its counterclaim.
    Prosecuted claim against construction company
    construction manager, on behalf of retail project owner, as a result of construction defects in foundation.
    Prepared a Master Service Agreement
    related documentation for the major expansion of an information technology company's data storage facilities in multiple U.S. locations.
    Represented hotel owner
    obtained Federal Court ruling ordering arbitration clause against non-signatory construction company parent to arbitration. Pclaim on behalf of hotel owner against construction company
    its parent in two week arbitration, resulting in arbitration award in favor of owner client in the amount of $5,240,000.00. Federal Court confirmed award.
    Prepared a Master Service Agreement
    related documentation for publicly traded company's expansion of its industrial production capacity.
    Prepared
    managed multiple Design Build Agreements on behalf of a publicly traded company, consolidating its headquarters, manufacturing
    distribution facilities
    relocating them from California
    other US locations to North Texas.
    Prosecuted a multi-million dollar payment claim on behalf of a general contractor, against a large, national retailer.
    Defended an engineering firm in a three-week design defect case in Galveston County, Texas, where the plaintiff's dem
    to the jury was $6.2 million. The client received a defense verdict on all of the claims against it, while other defendants were found liable.
    Lead counsel in two-week jury trial on behalf of hotel owner against construction company
    design firm. Settled with construction company during trial. Obtained jury verdict against design firm with significant damages
    attorney fee awards.
    Served as panel chair on a large, international arbitration matter through the International Center for Dispute Resolution.

Experience

  • Bar Admission & Memberships
    Admissions
    Oklahoma
    2000, Texas
    U.S. District Court for the Eastern District of Texas
    U.S. District Court for the Northern District of Texas
    U.S. District Court for the Southern District of Texas
    U.S. District Court for the Western District of Texas
    U.S. District Court for the Eastern District of Oklahoma
    U.S. District Court for the Northern District of Oklahoma
    U.S. District Court for the Western District of Oklahoma
    Memberships

    Professional Activities

    •Board Certified in Construction Law by the State Bar of Texas Board of Legal Specialization

    •Panel Member, American Arbitration Association Roster of Construction Neutrals

    •Master, American Inns of Court

    •State Bar of Texas
    - Construction Law Section
    - The Construction Law Journal, Editorial Board

    •American Bar Association
    - Forum on Construction Law

    •Austin Bar Association
    - Breakfast with the Judiciary Chair, 2011-2012

    •Association of General Contractors, Central Texas Chapter
    - Member, Legal Affairs Committee, 2011-2016

  • Education & Certifications
    Law School
    University of Oklahoma College of Law
    Class of 1991
    J.D.
    Other Education
    University of North Carolina at Chapel Hill
    Class of 1986
    B.A.
  • Personal Details & History
    Age
    Born in 1964
    Vinita, Oklahoma, July 14, 1964

Mr. Benton Thomas Wheatley

Partner at Duane Morris LLP
Not yet reviewed

Building 1, Suite 2307500 Rialto BoulevardAustin, TX 19103U.S.A.

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