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Kyle M. Bogdan

Kyle Bogdan handles a variety of high-stakes litigation matters for entities throughout the United States. He has a 15-year record of successfully handling major litigation involving construction and engineering issues. Kyle has handled matters involving hotels, offices, retail facilities, power facilities, bridges, wastewater treatment plants, and condominiums. He also has significant experience successfully defending product liability matters involving death, catastrophic injury, and property damage. Kyle has led defense teams that have won or effectively settled class-action litigation in venues across the country.

Kyle takes great pride in partnering with clients, actively listening to their litigation goals, and ensuring he delivers value-oriented results. He is proud of the victories he and his clients have achieved over the years and the relationships he has maintained with his legal adversaries, colleagues and especially his mentors.

Kyle is a faculty member of the National Institute of Trial Advocacy’s Advanced Advocates Program held each year in Washington, D.C. He was honored as one of NITA’s Next Generation Faculty members in 2015.

Prior to joining Lathrop Gage, Kyle was a partner in a boutique litigation firm based in Kansas City, Missouri.

  • Won an arbitration award in excess of $15 million and was awarded attorney fees and costs for a general contractor in a highly publicized matter involving the construction of a hotel, office and retail project in Kansas City, Missouri.
  • Won an arbitration award in excess of $7 million and was awarded attorney fees and costs for a general contractor against the owner arising out of a luxury hotel and condominium project in Minneapolis.
  • Won an arbitration award in excess of $1.3 million and was awarded attorney fees and costs for a mechanical contractor in a matter involving the design and construction of an EPA laboratory in Oklahoma.
  • Won summary judgment on behalf of a manufacturer of HVAC equipment ending a putative class action filed in Illinois on behalf of thousands of consumers.
  • Quickly extricated HVAC equipment manufacturers from several California-based, multi-party condominium defect cases. Clients paid nothing to settle.
  • Won, within a week of the assignment, a replevin action on behalf of a builder of a prison complex located in Southern Mexico. The court required key materials being withheld by a supplier to be immediately released to my client which eliminated the client’s exposure to millions of dollars of delay damages.
  • Worked on a team that accomplished the successful closeout of a trouble $110 million infrastructure project in Mumbai, India, resulting in favorable contract termination, collection of receivable, avoidance of claim exposure, and the government’s agreement to pay claim monies to the consortium.
  • Won summary judgment on behalf of a manufacturer of HVAC equipment in a matter in which plaintiff alleged he was severely burned by a fan-coil unit located in a hospital room. The judgment was upheld on appeal.
  • Defended a manufacturer of heat pumps in a multi-party action in San Mateo, California, involving the construction of a new wing of a high school. After defeating a motion for summary judgment by the country’s largest HVAC manufacturer seeking to enforce a contractual indemnity clause, our client agreed to pay a nominal figure immediately before trial to extinguish its liability.
  • Won summary judgment on behalf of a HVAC manufacturer defeating all contractual and non-contractual claims asserted by an owner of a condominium project located in Brooklyn, New York.

Court Memberships

  • Colorado
  • Missouri
  • Kansas

Honors

  • Martindale-Hubbell® “AV” Rating
  • Ingram’s 40 Under 40 Recipient, 2010
  • Selected as a Member of NITA’s Next Generation Faculty Class of 2015
  • Member of the UMKC Law Review

Professional Affiliations

  • Associated General Contractors, Colorado Chapter, 2016-present
  • Faculty Member, National Institute of Trial Advocacy’s Advanced Advocates Program (Washington, D.C.), 2010-present
  • Faculty Member, National Institute of Trial Advocacy’s National Session (Boulder, CO), 2015

Publications

  • “Sometimes, There’s No Way to Avoid Arbitration,” Ingrams, November 2009
  • Co-Author, “Kansas,” Chapter 18, 2007 Cumulative Update to State-by-State Guide to Construction Contracts and Claims, Aspen Publishing
  • Co-Author, “Kansas,” Chapter 18, State-by-State Guide to Construction Contracts and Claims, Aspen Publishing, 2006
  • Co-Author, “Kansas,” Chapter 18, 2006 Cumulative Update to State-by-State Guide to Construction Contracts and Claims, Aspen Publishing
  • Co-Author, “Kansas,” Chapter 19, Cumulative Update to State-by-State Guide to Architect, Engineer and Contractor Licensing, Aspen Publishing, 2003-2005

Presentations

  • Presenter, “Ethical Issues Associated with Limiting (or Assuming You are Limiting) Your Scope of Representation,” Session E31, Construction SuperConference (San Francisco, 2013)
  • Presenter, “Ethical Issues in Joint Representation of Multiple Parties on a Construction Project,” Session E31, Construction SuperConference (San Francisco, 2012)
  • Presenter, “Practical Evidence for Civil Litigators,” Missouri Bar CLE (Kansas City, Missouri, 2012)

Press releases

Photo of Kyle M. Bogdan
  • Denver

    1515 Wynkoop Street
    Suite 600
    Denver, CO 80202
  • Kansas City

    2345 Grand Blvd.
    Suite 2200
    Kansas City, MO 64108
F: 720.931.3201

Assistant

Linda Heersink
720.931.3210

Industries

Education

University of Missouri - Kansas City, J.D., 2000

Truman State University, B.A., cum laude, 1997