Mr. Benton T. Wheatley

practices in the area of construction law with a focus on construction, design and engineering disputes and transactions. Mr. Wheatley has practiced in a wide range of construction areas, including complex delay; impact; defective design; defective construction or differing site conditions claims involving mediation, litigation or arbitration; and problem project workouts, including negotiating with sureties and owners. He also has experience with the drafting and negotiation of complex construction, design and engineering contracts and environmental issues concerning construction projects. In addition, while serving as assistant general counsel for a large international architectural/engineering firm, Mr. Wheatley worked on issues regarding project delivery in all fifty states, Mexico, Venezuela, Bolivia, Brazil, and Argentina.

Mr. Wheatley is certified in Construction Law by the State Bar of Texas Board of Legal Specialization.

In addition to construction law matters, Mr. Wheatley handles administrative matters related to the construction and design industry, as well as environmental and commercial litigation.

Mr. Wheatley is a 1991 graduate of the University of Oklahoma College of Law and a graduate of the University of North Carolina at Chapel Hill.

Resume

Honors and Awards

•Listed in Chambers USA: America's Leading Lawyers for Business, 2020

•Listed in The Best Lawyers in America, 2018-2020
- Construction Law
- Construction Litigation
- Commercial Litigation
- Arbitration

•Texas Bar Foundation, Life Fellow

•AV Preeminent Peer Review Rated by Martindale-Hubbell

Civic and Charitable Activities

•Folds of Honor Foundation, 2008-present
- Central Texas Chapter, Founder and Board of Directors, 2011-present
- Board Chair, 2011-2018

•American Red Cross of Central Texas
- Board Member, 2005-2010

Publications and Speaking Engagements

Selected Publications

•Co-author, CARES Act Impacts Engineering and Construction Sector, Duane Morris Alert, March 30, 2020

•Author, Joint and Several Contractual Liability and Settlement Credits: A Look at the One Satisfaction Rule in Texas, State Bar of Texas, Construction Section, Annual Conference, March 2017

•Author, The Attorney-Client and Attorney Work-Product Privileges: What Every Construction Lawyer Needs to Know, Construction Law Journal, Volume 14, Number 1, 2017

•Author, Assignment Issues in Construction Contracts Construction Law Journal, Volume 12, Number 2, 2016 (Texas Paper)

•Author, Assignment Issues in Construction Contracts, The Construction Lawyer, Winter 2016 (National Paper)

•Author, What's the Appeal of Arbitration? Overturning Arbitration Awards and the New Appellate Rules, American Bar Association Forum On Construction Annual Meeting, October 2015

•Author, Design Professionals and the Economic Loss Rule, State Bar of Texas, Construction Section, Annual Conference, 2014

• Navigating the Labyrinth of Consequential Damages in the Construction Industry: A History of and Legal Approaches to Living with Them, The Construction Lawyer, Summer 2013

• The Universal Applicability of Pass-Through Claims to All Parties to a Construction Project, The Construction Lawyer, Winter 2012

•Author, Living in a Material World, Construction Law Journal, Winter 2007

•Author, An Introduction to Building Information Modeling, The Construction Lawyer, Fall 2007

•Author, Defending Subrogation Claims in Design and Construction Cases, The Construction Lawyer, Summer 2005

Selected Speaking Engagements

•Speaker. “Design Professionals and the Economic Loss Rule,” State Bar of Texas, Construction Section, Annual Conference, 2014

•Speaker, What's the Appeal of Arbitration? Overturning Arbitration Awards and the New Appellate Rules, American Bar Association Forum On Construction Annual Meeting, October 2015

•Speaker, Joint and Several Contractual Liability and Settlement Credits: A Look at the One Satisfaction Rule in Texas, State Bar of Texas, Construction Section, Annual Conference, March 2017