Thomas P. Hohenstein

314-615-6241 (Office)
314-615-6001 (Fax)

VCard

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Areas of Practice:

Alternative Dispute Resolution

Commercial Transactions

Construction Law

Green Business Law

Insurance and Risk Management

Litigation

Real Estate Law

Bar Admissions and Professional Affiliations:

American Bar Association

Bar Association of Metropolitan St. Louis

Insurance and Construction Law Committees

The Missouri Bar / Construction Law Committee

Associated General Contractors (St. Louis)

Governmental Affairs Committee

Education:

J.D. (1985), University of Missouri-Columbia School of Law

A.B. (1981), University of Missouri-Columbia, Phi Beta Kappa

Mr. Hohenstein is a member of the Litigation Department. He emphasizes construction law, insurance coverage matters and real estate in his practice.

With respect to construction, Mr. Hohenstein has extensive experience handling construction litigation disputes in state and federal courts and in arbitration proceedings.  He also devotes a considerable portion of his practice assisting clients in the review, drafting and negotiation of construction contracts and related agreements. In the course of his construction-related practice, he has represented general contractors and construction managers, subcontractors and material suppliers, architects and engineers, landlords and other owners and developers, and surety companies. The cases in which he has participated have included numerous contract disputes and mechanics’ lien claims.

Mr. Hohenstein is also a member of the firm’s Insurance Practice Group with expertise in environmental, product liability and construction coverage issues.

He also practices in general commercial litigation, with emphasis on real estate and landlord tenant and sales disputes.

Mr. Hohenstein is admitted to practice in the State of Missouri and before the United States District Courts for the Eastern District of Missouri and the Southern District of Illinois, and the Eighth Circuit Court of Appeals.

Representative Client Engagements have included the following:

With respect to construction:
Has pursued and defended multiple contract and mechanics lien enforcement claims for all participants in the construction industry, including:

• Successfully defended to judgment owner/developer of ice sports rink in claim brought by General Contractor for additional work.
• Successfully represented general contractor in arbitration claim against Subcontractor for payment and delay issues on a highway project.
• Representation of a mechanical subcontractor in a claim with a payment against an owner for charges incurred under a time and material installation contract in an industrial facility.
• Representation of large general contractors in claims brought by subcontractors for payment.
• Preparation and prosecution of numerous mechanics lien and other claims for payment.
• Managed, advised and settled multiple ongoing construction disputes of varying nature, including payment claims, defective construction claims, and delay claims.
• Handled defense of claim against contractor brought by hotel owner in relation to installation of EIFS siding and mold infestation.
• Drafted and negotiated multiple contracts for general contractors, subcontractors, owners, and design professionals, and is familiar with the use and modification of standard industry forms and manuscript forms including:
• Representation of a large general contract or in drafting and negotiating of general contract and related documents for construction of international headquarters of a major credit card company and convention hotel and for numerous other projects.
• Representation of a waste treatment contractor and operator in drafting and negotiating construction and management contracts
• Representation of regional architect in drafting/negotiating contracts with institutional owners.
• Representation of mechanical contractor in drafting/negotiating of plant improvement maintenance contracts.
• Representation of shopping center developers in drafting and negotiating construction contracts.
• Representation of large not-for-profit organization in drafting/negotiating contract for construction of new facility.
• Participated as a speaker in various seminars and trade organizations to the construction industry.

With respect to real estate matters:

• Participated in the establishment or defense of easements involving adjacent land owners and title companies and successfully established an easement by adverse possession at trial.
• Handled a claim for developer against City for access to the public roads.
• Successfully tried a claim by a purchaser of commercial real estate against seller for preexisting contamination and successfully defended of same purchaser against adjoining land owner for such contamination.
• Represented large shopping center owner in numerous landlord-tenant disputes.
• Participated in defense of citizen claims brought against large solid waste company relating to the approval and siting of landfills.

With respect to non-construction/real estate claims:

• Defended claims by gas station owners brought by fuel suppliers/jobbers.
• Defended several TCPA “junk fax” claims.
• Represented large manufacturer of heating products with respect to product failure claims.

With respect to insurance matters:

• Reviewed and analyzed multiple liability insurance policies.
• Handled insurance coverage disputes between individual and business owners in their multiple coverage scenarios.
• Handled coverage lawsuits against insurance companies (one successfully to judgment) on various matters.
• Represented large insurance company with respect to evaluation of multiple coverage claims relating to asbestos and other types of pollution, drafted numerous opinion letters and memos regarding same.

With respect to appellate work:

• Briefed multiple claims to the Missouri Court of Appeals and Eight Circuit, and argued approximately 10 appeals to various Missouri Courts of Appeal