Wyatt A. Hoch

Wyatt A. Hoch

Partner

Wichita

1551 N Waterfront Pkwy #100
Wichita, KS 67206

T: 316.291.9769
F: 866.450.2989

whoch@foulston.com

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Profile

Foulston Siefkin partner Wyatt Hoch is an accomplished construction lawyer who is sought after by project owners, architects, engineers, and contractors for projects across the country. Wyatt combines nearly 35 years of experience in construction law with five years of undergraduate study in architecture and hands-on work in the residential home-building industry to provide his clients with practical, goal-oriented counsel. The leader of the firm’s Construction team, his transactional and litigation practice encompasses drafting design/build contracts, preparing development agreements, negotiating claims, and resolving disputes through the courts and in arbitration forums. As a member of the American Arbitration Association’s national panel for construction industry cases, he frequently serves as a mediator and arbitrator in AAA proceedings.

Twice named by Best Lawyers as the “Lawyer of the Year” for Construction (2011, 2016) and Construction Litigation (2013, 2017) in Wichita, Kansas, Wyatt stays on the cutting edge of industry developments and loves discovering why designs and products don’t work in particular contexts. He is particularly attuned to the drawbacks associated with relying solely on technology.

Wyatt has been involved in some of the most significant commercial, industrial, cultural, and educational projects that have changed the landscape of Kansas over the last three decades. His reputation for excellence also attracts clients with projects all over the nation. In addition to identifying what is – and what is not – crucial in contract negotiations to achieve successful projects, Wyatt is equally practical when advising clients on matters involving construction disputes. A veteran of bet-the-company, multimillion-dollar cases, he understands the unpredictability of trials and juries, and explores all the alternatives with clients in order to determine the best avenue to achieve their goals. He served as lead counsel for a major aircraft manufacturer in a complex construction defect and schedule dispute over its Florida service center; as co-counsel to a Fortune 500 health care company in a 24-day arbitration over the construction of its Ohio headquarters; and secured a favorable verdict for the plaintiff in a 23-day federal court jury trial involving the expansion of a municipal electrical generating plant.

In the community, Wyatt serves on the executive committee of the Quivira Council of the Boy Scouts of America, the board of trustees of Northern Seminary in Chicago, and is an emeritus trustee of the Wichita Botanical Gardens. A native of Kansas, he “bleeds purple” when it comes to supporting K-State Wildcat athletics and is a self-proclaimed baseball junkie. Wyatt and his wife, Mary Ann, live in Wichita where he enjoys working on home remodeling and gardening projects.

Education

  • University of Kansas (J.D., 1983)
    Order of the Coif; Editor - University of Kansas Law Review
  • Kansas State University (B.Arch., 1980)
    magna cum laude

Admissions

  • U.S. Court of Appeals for the Tenth Circuit (1985)
  • U.S. District Court for the District of Kansas (1983)
  • U.S. Court of Federal Claims (1986)
  • Kansas (1983)
Community Involvement
  • Boy Scouts of America, Quivira Council – Executive Committee (2009- Present)
  • Northern Baptist Theological Seminary - Board of Trustees (2004-Present), Secretary
  • University of Kansas Law Alumni Board of Governors (2005-08)
  • Botanica, Inc., the Wichita Botanical Gardens - President, Board of Trustees (2002)
  • Kansas Aviation Museum - Board of Trustees (1994-2000)
  • USD 259 – Southeast High School Site Council (2001-05)
Relevant Experience
  • Counsel for a piping subcontractor in a cost and schedule dispute with the design-builder of two Iowa ethanol plants (2008-10).
  • Arbitration counsel for the sellers of a privately-held regional corrugating and packaging business (2008-09).
  • Successfully defended a design defect and construction administration claim against the architect for a medical office building in Newman Memorial Hospital v. Walton Construction Co., et al, 37 Kan. App. 2d 46, 149 P.3d 525, (2007) rev.denied
  • Counsel for the owner in an arbitration over construction of a luxury yacht (2006-2007)
  • Counsel for the owner in a construction defect and schedule dispute arising from the construction of the Cessna Orlando Citation Service Center (2003-2006)
  • Co-counsel to the owner in a cost and schedule dispute over the construction of the Cardinal Health corporate headquarters in Dublin, OH (1999-2001).
  • Plaintiff’s counsel in the successful 1998 federal court trial in Hatch & Kirk Power Services Corp. v. City of Girard, involving the expansion of a municipal electrical generating plant.
  • Plaintiff’s counsel in the successful challenge to an administrative regulation taking plaintiff’s intellectual property in National Council on Compensation Insurance v. Todd, 258 Kan. 535, 905 P.2d 114 (1995).
  • Special counsel to the utility owners for evaluation of construction at the Wolf Creek Nuclear Generating Station (1985-86).
  • Converted a government termination for default to a termination for convenience, then established the basis for a bad faith termination claim, in Industrial Coatings, Inc. v. United States, 11 Cl.Ct. 161, 33 Cont.Cas.Fed. (CCH) P 74,722 (settlement of bad faith claim in 1992).
  • Established the scope of judicial review of arbitration awards in Kansas, in Jackson Trak Group v. Mid States Port Authority, 242 Kan. 683 (1988).
  • Established the scope of Kansas statutory payment bonds in J.W. Thompson Co. v. Welles Products Corp., 243 Kan. 503, 758 P.2d 738 (1988).
  • Successfully defended antitrust essential facilities claims in the first hospital staff privilege case to reach the circuit courts of appeal on the merits, in McKenzie v. Mercy Hospital of Kansas, 854F.2d 365 (10th Cir. 1988).
Professional Memberships, Affiliations, and Honors
  • Recognized by Best Lawyers® as the 2011 and 2016 Wichita Construction “Lawyer of the Year” and the 2013 and 2017 Wichita Litigation: Construction “Lawyer of the Year”
  • Selected by peers for inclusion in The Best Lawyers in America© in the areas of Construction Law and Litigation – Construction, 2005–2018
  • Selected for inclusion in Missouri & Kansas Super Lawyers® List , 2010-2017 (a Thomson Reuters business)
  • Named by Benchmark Litigation - Local Litigation Star, 2015 & 2016: Construction, Energy and Natural Resources, General Commercial, Government Contracts and in 2018 in General Commercial, Construction, Energy, and Government Liability
  • American Bar Association Forum Committee on the Construction Industry
  • Kansas Bar Association
  • Wichita Bar Association
  • American Arbitration Association Panel of Construction Arbitrators
  • American Institute of Architects Allied Member
Presentations

2011

  • Trends in Owner and Subcontractor Contracts (Construction Leadership Council, 2011 Panel Discussion/Roundtable Discussion)

2010

  • 2010 Construction Industry Legislative Update (Kansas Construction Network)

2009

  • Contracts and Risk Management for Engineers (ACEC, KS Emerging Leaders)

2008

  • Contracts and Risk Management for Engineers (ACEC, KS Emerging Leaders)
Publications

2007

  • Contributing Author, "Inside the Minds, Construction Law Litigation Strategies"
    -Aspatore

2006

  • Design Professional Liability in Kansas
    -Kansas Bar Association Construction Law Handbook

2005

  • The Kansas Residential Construction Defect Act: A Schematic Blueprint for Repairs
    -The Journal of the Kansas Bar Association

1985

  • Liability of Engineers for Structural Design Errors: State of the Art Considerations in Defining th
    -30 Villanova Law Review 403 (1985); reprinted in Civil Engineering, American Section of Civil Engine

1983

  • Regulatory Revisions to the Surface Mining Control & Reclamation Act: An Exercise in Administrative
    -31 University of Kansas Law Review 279

1982

  • Architects' Liability for Construction Site Accidents
    -30 University of Kansas Law Review 429

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