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.
About Mr. Benton Thomas Wheatley
Awards
Reviews for Benton
Services
Areas of Law
Practice Details
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Firm InformationPositionPartnerFirm NameDuane Morris LLP
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Representative Cases & TransactionsCasesRepresentative 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
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Bar Admission & MembershipsAdmissionsOklahoma
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
MembershipsProfessional 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 & CertificationsLaw SchoolUniversity of Oklahoma College of Law
Class of 1991
J.D.
Other EducationUniversity of North Carolina at Chapel Hill
Class of 1986
B.A.
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Personal Details & HistoryAgeBorn in 1964
Vinita, Oklahoma, July 14, 1964
Mr. Benton Thomas Wheatley
Building 1, Suite 2307500 Rialto BoulevardAustin, TX 19103U.S.A.
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