Practice Areas

Miller Schirger attorneys have significant experience in all phases of the construction process representing contractors, subcontractors, suppliers, fabricators, architects, engineers, owners, and developers. We provide both substantive and strategic advice to clients on all types of projects including the construction of highways, bridges, tunnels, airports, water and wastewater facilities, railroads, commercial buildings, hospitals, convention centers, sports venues, and industrial projects. Our construction law practice includes services in the following areas:

• Procurement
  • Selection of Project Delivery System
  • Bids and Requests for Proposals
  • Bid Mistakes
  • Bid Protests
• Contract Formation
  • Risk Management
  • Contract Review
  • Contract Negotiation
  • Contract Drafting
• Contract Performance
  • Contract Compliance
  • Project Documentation
  • Claims Avoidance
  • Changes
  • Differing Site Conditions
  • Warrant and Maintenance
• Special Issues
  • Insurance
  • Surety Bonds
  • Disadvantaged/Minority/Women Enterprises
  • Davis Bacon and Prevailing Wage
• Dispute Resolution
  • Claims Preparation
  • Mechanic’s Liens
  • Negotiation
  • Mediation
  • Arbitration
  • Administrative Hearings
  • Litigation
    • Trials to the Court
    • Jury Trials
  • Appeals

Our insurance law experience includes both litigation and regulatory matters. We have significant experience representing clients in both first-party and third-party insurance disputes including coverage issues and bad-faith, and we have broad experience in dealing with state departments of insurance on regulatory issues. Our experience includes both the life/health and property/casualty industries, including construction surety. Our considerable knowledge of insurance law consistently proves to be a significant advantage in advising clients in virtually all types of cases.

• Business – Disputes frequently arise in the marketplace between and within business organizations.  We have significant experience in representing a wide range of businesses in many types of cases including cases involving breach of contract, fraud, Racketeering / RICO, breach of fiduciary duty, business interference, and securities fraud.  We assist businesses in resolving their commercial disputes with other businesses, and also assist partners, shareholders, and joint venture partners in sorting out their differences.  Our goal is always a reasoned business resolution, but we do not hesitate to try cases where consensual resolution is not possible.
• Class Actions – We represent plaintiffs in class actions in a wide range of areas including insurance, telecommunications, and pharmaceuticals.  Our attorneys have previously represented corporate defendants in numerous class actions, which provides a unique perspective in our current representation of plaintiffs in such cases. 
• Construction – For over 25 years, Miller Schirger attorneys have represented various parties in construction litigation matters nationwide. We have tried dozens of construction cases in state and federal courts, and to administrative tribunals and arbitration panels. Our litigation experience includes representing all parties involved in the construction process including contractors, subcontractors, suppliers, and fabricators, architects, engineers, owners, and developers. Equally broad are the types of claims we have tried in construction cases including breach of contract, negligence, fraud, RICO, and warranty claims. Whether such claims are pled in construction projects involving highways, bridges, tunnels, airports, water and wastewater facilities, railroads, commercial buildings, hospitals, convention centers, sports venues or industrial projects, we have the breadth and depth of experience to successfully handle such claims, and the results to prove it. See our representative cases.
• Consumer Protection – We represent consumers victimized by unfair, fraudulent, and deceptive trade practices.  Businesses seeking to maximize profits unfortunately sometimes do so by exploiting unsuspecting consumers in various ways including adding hidden charges or fees, using misleading language, taking advantage of the “small print,” or selling products knowing accompanying representations or warranties are false.  These practices are unjustified and illegal, and we are experienced in obtaining proper compensation for consumers victimized by such schemes.
• Employment – We represent individuals in particular cases against their employer for wrongful termination. We also represent professionals including doctors, engineers, and executives in disputes involving their employment agreements including negotiating severance agreements. We have significant experience in the related area of unfair competition involving covenants not to compete, misappropriation of trade secrets, and breach of confidentiality agreements. Litigating these claims involves expedited discovery schedules, temporary restraining orders and injunctions, as well as full trials on the merits, and we have taken cases through all these various phases.
• Fiduciary / Wills, Trusts and Estates – We represent individuals in the areas of will contests and trust management including the improper investment of trust monies.
• Financial Institutions – We represent individuals and businesses in their disputes with banks and financial institutions over loans and personal guarantees. On many occasions we have successfully performed workouts with banks allowing our clients to avoid bankruptcy, stay in business, and honor their financial obligations under renegotiated terms. Where necessary, we have also investigated and filed claims for lender liability against banks and financial institutions.
• Insurance – We have significant experience representing clients in both first-party and third-party insurance disputes including coverage issues and bad-faith. Our experience in the insurance area is broad-based and includes claims involving life, health, property, casualty, general liability, professional liability, and directors’ & officers’ liability policies.
• Intellectual Property / Unfair Competition – We represent individuals and businesses in copyright and trademark infringement cases. We have significant experience in the related area of unfair competition involving covenants not to compete, misappropriation of trade secrets, and breach of confidentiality agreements. Litigating these claims involves expedited discovery schedules, temporary restraining orders and injunctions, as well as full trials on the merits, and we have taken cases through all these various phases.
• Labor – We represent businesses, particularly those in the construction industry, in collective bargaining and prevailing wage disputes.
• Personal Injury / Wrongful Death – We represent individuals in serious personal injury and wrongful death cases. We are not a high-volume personal injury mill that is eager to simply settle your claim and move on to the next case. Instead we are careful and disciplined in our case selection, accepting only certain cases, and take our responsibilities to you and your family very seriously. A serious personal injury or wrongful death of a family member is devastating. We understand, and have the ability and experience to work-up your case and hold others responsible for their wrongdoing.
• Product Liability – We are experienced in representing both individuals and businesses in a broad array of product liability claims involving injury and death claims ranging from pharmaceutical and medical devices, lead paint, hand-tools, home appliances, power washers, gas grills, food poisoning, construction materials and automobiles. Our experience includes both plaintiff and defense work in the product liability area, which provides a unique perspective when evaluating potential claims or claims asserted against our clients.
• Professional Malpractice – We represent individuals and businesses harmed by the professional malpractice of their accountants. This has included representing individuals, trusts, and estates in actions against accountants for damages they suffered in reliance upon erroneous and negligent tax advice. Our experience has also included representing lenders seeking damages as a result of their reliance upon misleading financial statements prepared, reviewed or audited by accountants.
• Real Estate – We represent individuals and businesses in various types of real estate disputes including breach of contract and fraud allegations involving purchase agreements or commercial leases, mechanics liens, trespass, adverse possession, prescriptive easements and partition suits. Our deep experience in construction law and construction litigation compliments our real estate litigation practice, and serves us well when representing clients in real estate disputes, in particular, disputes involving land development related issues.
• Securities – We have significant experience representing investors in securities litigation, and in particular, in the area of asset-backed securities.  This experience includes representing investors who seek money damages or rescission relating to their investments in complex structured financial products such as collateralized debt obligations due to misrepresentation, breach of contract, breach of fiduciary duty, and fraud.

We have significant experience in handling appeals involving a wide variety of cases. Our attorneys have argued cases in many state appellate courts and federal circuit courts of appeals, including the State Supreme Courts of Missouri, Kansas, and Texas, and the U. S. Circuit Courts of Appeal for the Fifth, Eighth and Tenth Circuits. Several of the appellate matters we have handled have resulted in precedent setting cases in favor of our clients. Our significant appellate experience serves our trial practice well, because we truly understand the importance of a good record at the trial level for purposes of protecting our clients’ rights in the event of an appeal.

When alternatives to traditional litigation are proposed or required, we have significant experience in all forms of alternative dispute resolution (ADR) including negotiation, mediation, and arbitration. We have experience in negotiating and drafting ADR clauses, enforcing such clauses if necessary, and proposing ADR protocols and proceedings. Like our trial practice, we have engaged in ADR proceedings nationwide.