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PRACTICE AREAS
Construction Litigation
Product Liability
Andrew M. DeMarea has more than 15 years' experience representing general contractors, owners, designers and subcontractors in both the state and federal courts of Kansas and Missouri. He has represented these clients in all types of construction issues, including allegations of errors or defective construction, payment issues and liens, insurance and performance bond coverage, and personal injury defense.
He has recently been involved in a number of sizeable construction disputes:
In September 2008, Mr. DeMarea tried a case to a federal jury on behalf of a general contractor against the owner and subcontractors on a construction project, winning a $1.5 million verdict.
In March 2008, he defended an architect against allegations of design errors in a townhome project before a jury in Missouri state court.
In 2008, he also represented a general contractor handling the design and retooling of two paint lines at an automotive plant in a complex lawsuit involving the owner and a large number of subcontractors.
In 2007, following a bench trial, he obtained a $1 million judgment in Nebraska on behalf of a refrigeration contractor against the project owner.
DISTINCTIONS
KC Magazine in 2005 recognized Andy as a Missouri/Kansas Super Lawyer.
Martindale-Hubbell’s highest AV rating.
COMMUNITY AND BAR INVOLVEMENT
Kansas Bar Association
Johnson County Bar Association
Kansas City Metropolitan Bar Association
Kansas Association of Defense Counsel
The Missouri Bar
Lawyers Association of Kansas City Johnson County Bar Foundation, Fellow
Secretary and Board of Trustees Member
Angel Flight Central
Chairman of the Board/President (2005-2007)
Secretary (2001-2005) and Board Member (since 1998)
Trustee, Angel Flight Central Legacy Trust (2002-present)
BoyScouts
Active Boy Scout Leader
NOTABLE EXPERIENCE
Mr. DeMarea has been involved in a number of sizeable construction disputes, including the following:
In November 2003, he helped defend a significant dispute in an arbitration hearing. The owner of a power plant sued the engineer/general contractor of the plant, alleging a defect in the design of the plant’s freeze protection system. Roy Bash and Andy DeMarea led the client to a successful defense of the claims with only a relatively minimal award entered against the client.
Throughout 2002 and 2003, Mr. DeMarea helped represent the same client in suits related to an ocean cargo loss of major components of the heat recovery steam generators for the power plant.
Mr. DeMarea has represented the owner, general contractor, and a subcontractor in an insurance dispute against the builder’s risk insurer for a bank building. The loss resulted from a heavy rainfall which caused portions of a cement-based roofing insulation to cascade down and damage the building.
Mr. DeMarea has also represented:
A building owner who is suing the general contractor and performance bond surety to reimburse repair costs arising from moisture problems in a concrete slab that led to damage in the vinyl flooring installed over the slab.
A shopping center project owner in a suit against the general contractor over costs exceeding the guaranteed maximum price contract.
A company that administers residential home warranties.
Mr. DeMarea has assisted in the defense of an engineering company against allegations of errors in overseeing the installation of a product used to finish swimming pools. He has historically represented a number of residential general contractors and realtors on residential construction defect cases as well.
Mr. DeMarea has also been involved in a number of non-construction cases, including:
Helping an airframe manufacturer sue to recover damages due to issues in the manufacturing of a component part.
Helping defend an airframe manufacturer against Uniform Commercial Code breach of contract/warranty claims in the sale of a jet aircraft.
Defending an insurer against tort of outrage claims in the context of a denial of coverage for a fire loss.
Defending a large corporation against product liability allegations concerning an explosion of a propane bottling plant.
Representing a manufacturing company against several defendants in a product liability suit seeking recovery for repairs to the facility after an equipment-caused fire at the plant.
Representing an engineering company against former employees who formed a competing corporation and copied/took credit for the products/sales literature of their former employer.
Defending a large rock quarry against claims the quarry had improperly undercut and damaged the subjacent support for nearby property owners.
In 2000, Mr. DeMarea second-chaired the year’s largest defense verdict in the State of Missouri, Cantrell v. Carrier Corp. The plaintiffs claimed $5 million in personal injury damages against the manufacturer of a piece of equipment that was one of many items burned in a residential fire that occurred in the equipment room of an indoor swimming pool. The complex product liability case claimed that inhalation of chemical residue allegedly from the defendant’s equipment had caused plaintiffs’ injuries.
PUBLICATIONS AND PRESENTATIONS
July 24, 2007
Construction e-blast
2007 State Legislative Highlights for the Construction Industry
This construction industry focused e-blast provides a high-level summary on some of the latest updates on legislation in Arizona, Colorado, Kansas, and Missouri.
Winter 2006
The Tort of Outrage in Kansas: Invoking a Court’s Threshold Determination
Kansas Defense Journal, p. 1, 13-16
EDUCATION
J.D., University of Kansas School of Law, 1993, Payne & Jones Award for Excellence in Appellate Advocacy
B.A., Aerospace Engineering, University of Kansas, 1990
BAR ADMISSIONS
Missouri, 1994
Kansas, 1993 | 