Heather began her practice handling a complicated, national civil R.I.C.O. case on behalf of Owens Corning, and transitioned into complex commercial, construction, and surety law where she has primarily focused her practice ever since. She has over two decades of experience handling construction and surety matters ranging in value from $1,000 to $121 million, on some of the most recognizable projects in the country. Having an undergraduate degree in business, Heather brings a unique perspective to these practice areas. When she is not vigorously asserting and defending claims on behalf of clients, Heather enjoys world-wide travel, biking and hiking with her family.
B.S., Business, University of Colorado (Boulder)
J.D., Loyola University Chicago School of Law
Honors & Awards
Selected by her peers for inclusion in The Best Lawyers in America© in the area of Construction Law (2013-2023)
Selected for inclusion in Missouri and Kansas Super Lawyers (2009-2022)
Selected for inclusion in Missouri and Kansas Super Lawyers – Top 50 Women Edition (2010-2022)
Named in the Top 100 attorneys – Missouri and Kansas Super Lawyers (2014 – 2019)
Named in the Top 50 attorneys – Missouri and Kansas Super Lawyers (2015 – 2017)
Best Lawyers®, Women in the Law (2017)
Selected for inclusion in Women Leaders in the Law™ – Fortune Magazine (2015)
Best Lawyers Business Edition (2015) – Construction Law
Selected to receive the Top 30 Most Influential Women Award – Kansas City Business Magazine (2013)
Top 50 Women Attorneys in Missouri & Kansas – KC Magazine (2010-2011, 2013-2014)
Best of the Bar – Kansas City Business Journal (2011)
Madison Who’s Who – Affiliated Member (2010)
Who’s Who Among Executives and Professionals Throughout the World (2010)
Selected for inclusion in Missouri Super Lawyers-Corporate Counsel Edition (Construction Litigation) (2009)
Selected for inclusion in Missouri and Kansas Super Lawyers – Rising Stars Edition (2008)
Up & Coming Lawyer – Missouri Lawyers Weekly (2007)
Who’s Who – National Registry, Lifetime Member (2001-present)
Executive Editor – Loyola Consumer Law Reporter (1995-1996)
Senior Member – Loyola University Chicago Law Journal (1995- 1996)
Chief Lead Articles Editor – Loyola Consumer Law Reporter (1994-1995)
Judicial Extern, The Honorable Judge Rebecca R. Pallmeyer, U.S. District Court for the Northern District of Illinois (Spring 1995-Fall 1995)
Colorado Bar Association
Kansas Bar Association
Missouri Bar Association
Douglas County, Kansas Bar Association
Johnson County, Kansas Bar Association
U.S. District Court – District of Colorado
U.S. District Court – District of Kansas
U.S. District Court – Eastern District of Missouri
U.S. District Court – Western District of Missouri
U.S. District Court – Eastern District of North Carolina
American Arbitration Association: Panel Member (2022 – present)
Surety Claims Institute: Member (2021-present)
Associated Builders and Contractors, Inc. Heart of America Chapter: Director (2021-present)
Defense Research Institute, Fidelity and Surety Committee: Vice Chair (2017-2019); Chair (2019-2022)
American Subcontractors Association (Greater Kansas City Chapter) (2015-2018)
Judge Hugh Means American Inn of Court (President 2017-2018; Vice President 2016-2017) (Excellence Bronze Designation)
Kansas City Metropolitan Bar Association: Member, Federal Courts Advocate Section (2014 – present)
The Central Exchange: Member (2005-2013)
American Bar Association: Fidelity and Surety Law Committee; Construction Industry Forum (1996-present)
Successfully represented CBRE Heery, Inc. in pursuing recovery of delay damages, extended general conditions and other damages caused by subcontractor, arising out of the construction of the Koritz Medical Clinic on Seymour Johnson Air Force Base, in NC. CBRE Heery, Inc. v. RLI and So. Glass & Mirror of Eastern North Carolina, Inc., N.C. Federal Dist. Court, Case No. 5:20-CV-00216-BO (2022).
Successfully represented CBRE Heery, Inc. and its sureties in defending delay, disruption, prompt payment act, and 21 other claims brought by large electrical, mechanical and plumbing subcontractors, arising out of the construction of the Koritz Medical Clinic on Seymour Johnson Air Force Base, in NC. Schneider Electric Building Americas, Inc., et al. v. CBRE Heery, Inc., et. al., N.C. Federal Dist. Court, Case No. 5:20-CV-00257-BR (2021).
Successfully represented an electrical subcontractor in pursuing change orders against a large Texas contractor with offices in Kansas, arising out of the construction of a multi-family residential project in Prairie Village, Kansas, and in defending counterclaims which included the contractor’s voluntary dismissal of over $500,000 in delay damages and other claims against this subcontractor. Bailey Electric, LLC v. MW Builders, Inc., American Arbitration Association Case No. 01-20-0003-7757 (2021).
Successfully represented a regional steel fabricator and erector in pursuing claims against Haren & Laughlin arising out of the construction of the District at City Center in Lenexa, Kansas, including complex construction sequencing and scheduling claims, design changes, and claims of disregard for contract formalities. Kansas City Steel Werx, Inc. v. Haren & Laughlin Construction Company, American Arbitration Association. (2021).
Successfully represented a national developer in defending claims by Centric Projects and pursuing counterclaims, arising out of the reconstruction of the historical 905 Broadway building located in downtown Kansas City, including defending claims of unforeseen conditions, incomplete design, and delays. 905 Broadway, LLC v. Centric Projects, LLC, American Arbitration Association. (2019).
Successfully represented Balfour Beatty in pursuing $93 million in claims against the USACE under the Contract Disputes Act, and defending Balfour Beatty and its sureties in defending $45 million in delay and other claims by subcontractors and suppliers, arising out of the construction of the Irwin Army Community Hospital on Fort Riley, in KS. Appeal of Balfour-Walton, A Joint Venture before the Armed Services Board of Contract Appeals, ASBCA No. 59884 (2017).
Obtained summary judgment after lengthy briefing and two days of oral argument on multi-count Kansas Consumer Protection Act claim. Ayers v. Price Residential, Inc., Johnson County District Ct, Case No. 05CV6934. (2009).
Completed the most comprehensive collections proceedings in Johnson County, Kansas history in collecting on a $2.5 million judgment against Defendants in Westfield Insurance Company v. Harvest Construction Gen. Contracting, Inc., Mabe Brothers, LLC, et al., Johnson County District Ct., Case No. 09CV09355.
Obtained a $5,200,000 arbitration award against Walton Construction Co., Inc. and defended counterclaims in connection with the construction of the Kansas City International Airport. FGI Glass Contracting, Inc. v. Walton Construction Co., Inc., American Arbitration Association. (2005).
Successfully represented David and Elizabeth Ray to obtain a $2,900,000 verdict on claims for construction defects and under the Colorado Consumer Protection Act. Elizabeth A. Ray & David L. Ray v. Bainbridge, Inc., Douglas County District Ct, Colorado, Case No. 03CV837. (2006).
Publications & Seminars
“Project Oversight, Control and Staffing,” ABA Fidelity & Surety Law Spring Conference (2019). Click here for Document
Navigating Surety Claims on a Federal Project, 56 for the Defense 48 (2014). Click here for Document
General Construction Contracts with Delegated or Shared Design, Chapter 7 in Shared Design (Michael T. Callahan, ed. 2011). Click here for Document
“Construction Conflict Management.” Commercial Journal-Kansas City February/March 2007.
Design-Building on Government Projects, in the Architect’s Guide to Design-Build Services 213-230 (G. William Quatman, II, ed. 2003). Click here for Document
Various articles in The Law Corner for American Subcontractors Association (Greater Kansas City Chapter).
Seminars and Speaking Engagements
“Project Oversight, Control and Project Staffing.” American Bar Association Fidelity & Surety Law Spring Conference Presenter – Austin, TX (2019). – Click here for Document
American Society of Professional Engineers
“Avoiding Contract Pitfalls for Estimators.” American Society of Professional Estimators (Chapter 32) – Kansas City–Metro Area (various dates) – Click here for video clip.
Associated Builders and Contractors – Heart of America Chapter
“A Detailed Overview of the Contract for Construction”. ABC Construction Summit – Kansas City, MO (2022).
“Advanced Mechanic’s Liens.”
“Avoiding Future Contract Issues: The Importance of Understanding Contract Terms, Documentation and Scheduling Basics.”
“Bonding and Surety Law.”
“Collecting Your Money.”
Construction Estimating Academy Presenter.
“Ethics in estimating: Legal options for victims of unethical estimating.”
“Killer Contract Clauses and the Do’s and Don’ts of Delay Damages: Missouri and Kansas”
“The Nuts and Bolts of Building Green.”
“Sustainable Design and Construction: An Introduction to LEED Certification and Its Legal Impacts.”
Defense Research Institute
“Surety Takeover: Options in the Fact of Default.” Defense Research Institute Fidelity and Surety Roundtable Presenter – Chicago, IL (2014). Click here for Document
Lorman Educational Services
“A Detailed Overview of the Contract for Construction.”
“The Fundamentals of Construction Contracts: Understanding the Issues in Missouri.”
“Managing Construction Projects in Kansas.”
Missouri Bar Continuing Legal Education
“How to Series: Mechanic’s Liens.”
“Suretyship Update Seminar.”
National Business Institute
“Construction Defect Litigation: From A to Z.”
“Understanding Subcontract Terms and Flow-Through Clauses”
Should Contractors Hire an Attorney to Collect Money? – Click here for video clip.