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Sherman A. Botts

Mr. Botts is co-Chair of the firm’s Construction and Design Department. His practice focuses on many litigation and transactional issues of importance to the construction client including: government and private contract claims, construction defects, breach of warranty, bid protests, claims for delay, differing site conditions, extra work, Miller Act, payment and performance bond claims, and mechanic’s lien claims. Sherman also has extensive experience in claim analysis and drafting and negotiating construction and design contracts, government contracts, bid documents and other related documents for all phases of public and private construction projects, including the preparation of required notices and correspondence to sureties, owners and construction managers in order to preserve and pursue the claims of the construction client. He often lectures on risk management issues and assists clients in establishing project management procedures, such as the proper documentation of project files, to minimize the risk of litigation or arbitration. Mr. Botts also serves as an arbitrator or mediator to resolve complex disputes.

Court Memberships

  • Missouri
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. Court of Federal Claims
  • U.S. District Court for the District of Kansas
  • U.S. District Court for the Western District of Missouri
  • U.S. Supreme Court

Honors

  • Selected as a Charter Fellow, Construction Lawyers Society of America, 2017
  • Selected as a Lawyer of the Year, by The Best Lawyers in America®, 2014 & 2018
  • Selected among The Best Lawyers in America®, 2010-2018
  • Selected for Missouri/Kansas Super Lawyers, 2012-2016
  • Martindale-Hubbell® “AV” Rating Preeminent
  • Selected among the Best Lawyers in Kansas City, Ingram’s Magazine

Professional Affiliations

  • Board of Directors, Design Build Institute of America, Midwest Region
  • Certified Arbitrator - American Arbitration Association
  • The Missouri Bar, Past-Chair, Construction Law Committee
  • American Bar Association, Construction Law and Public Contract Law
  • The Kansas City Metropolitan Bar Association: Past-Chair Construction Law Committee; Past-Chair, Alternative Disputes Resolution Committee
  • Member, Theatre in the Park Advisory Council, Johnson County Parks and Recreation

Publications

  • Assessing and Settling Construction Project Delivery and Contract Disputes, published by Aspatore Books, 2008
  • Prompt Payment Acts: Federal and Missouri, Author, Missouri Construction Law, The Missouri Bar
  • Mechanic’s Liens, Author, Real Estate Practice, The Missouri Bar, 2010
  • Mechanic’s Liens, Author, Creditors Remedies , The Missouri Bar, 2011
  • Timely Payment- It’s the Law, Author, Modern Builder, The Builders Association, November-December, 1995
  • The Supreme Court Alters the Playing Field for Affirmative Action, Author, Modern Builder, The Builders Association, July-August, 1995
  • Beware of Front Companies, Author, Modern Builder, The Builders Association, May-June, 1995

Presentations

  • Construction Law Payment Remedies, Speaker, MoBar Seminar, July 2014

  • AIA Contracts, Speaker, Lorman Seminar, January 2014

  • Missouri Mechanic’s Lien Law, Speaker, MoBar Seminar, 2011-2013

  • Risk Avoidance, Design-Build Institute of America, Kansas City Chapter, 2011
  • Principles of Design-Build Project Delivery, Missouri City/County Management Association Annual Conference, May 2008
  • Avoiding, Preserving and Defending Claims in the Design Build World, Design Builder's Institute of America, Kansas City Chapter, February 2008
  • The New AIA Contracts, Lorman Seminar, January 2008
  • Don't Be Short Changed, Know What To Do When Your Contract Changes, Lorman Seminar, July 2006
  • Litigation Roadmap for the 21st Century, State of Litigation, Lathrop Gage, February 2006
  • Anatomy of a Contract, Speaker, The Missouri Bar, Fall 2005
  • Unforeseen Conditions, Construction Issues in Missouri, Lorman Seminar, July 2001 and 2002
  • Changes in the Contract, Construction Issues in Missouri, Lorman Seminar, July 2001 and 2002
  • Key Contract Considerations, National Business Institute Seminar, Summer 2000
  • Bid Protests and Mistakes in Bidding, What’s New in Construction Law, Kansas City Metropolitan Bar Association, Summer 1996
Photo of Sherman A. Botts
F: 816.292.2001

Assistant

Tammy Troutner
816.460.5549

Education

Creighton University School of Law, J.D., 1985

Drake University, M.M.E., 1978

Drake University, B.M.E., 1975