Benton T. Wheatley Shareholder 303 Colorado Street, Suite 2600, Texas 78701-3924 O: 512.391.6100 D: 512.391.6112 bwheatley@munsch.com Education J.D. from University of Oklahoma College of Law B.A. from University of North Carolina at Chapel Hill Bar Admissions Oklahoma Texas Related Practices Environmental Condemnation & Eminent Domain Environmental Litigation Environmental Transactions Litigation Arbitration Energy Litigation Real Estate Litigation Related Industries Construction Energy Hospitality Manufacturing Overview Ben is the Managing Shareholder of the Firm s office and currently serves on the Firm's Operations Committee. Ben has more than 25 years of experience in litigating complex construction and environmental matters, negotiating and drafting construction and design contracts, master service agreements, serving as inhouse counsel for an international design firm, and working on issues concerning the practice of architecture, engineering, and project construction in all 50 states, Mexico and South America. In January 2017, Ben was included in the inaugural class of lawyers board certified in construction law by the Texas Board of Legal Specialization. In addition to construction law matters, Ben handles administrative matters related to the construction and design industry, as well as environmental and commercial litigation. Most recently, Ben assisted a publicly traded company with the development, relocation and construction of its corporate, industrial and distribution facilities from Southern California to North Texas. Ben has practiced in a wide range of construction areas such as complex delay, impact, defective design, defective construction or differing site conditions claims involving mediation, litigation or arbitration, as well as problem project work-outs, including negotiating with sureties and owners. He also works on the drafting and negotiation of complex construction, design and engineering contracts and environmental issues concerning construction projects. Ben serves on the American Arbitration Association Roster of Neutrals for Construction cases. Additionally, he has significant experience in dealing with representation of corporations and professionals in 2018 Muncsh Hardt Kopf & Harr, P.C. All Rights Reserved 1
Real Estate Retail Technology & Telecommunications Achievements Martindale-Hubbell AV Preeminent, Peer Review Rated TM Folds of Honor Foundation, Central Texas Chapter (Founder and Board Chair, 2011- Present) Woodward/White, Inc. Best Lawyers in America, Texas Best Lawyers, Arbitration (2018-2019); Best Lawyers in America, Texas Best Lawyers, Commercial Litigation (2018-2019); Best Lawyers in America, Texas' Best Lawyers, Construction Law (2019); Best Lawyers in America, Texas' Best Lawyers, (2019) claims before State of Texas administrative agencies, construction project lien and bond claims and project payment issues, performance, defaults, termination, warranty and liquidated damages disputes and jobsite injuries. Memberships American Arbitration Association (Construction Arbitration Panel Member, 2012-Present) American Bar Association American Inns of Court (Master) Association of General Contractors, Central Texas Chapter (Member Legal Affairs Committee, 2011-2016) Bar Association (Chair of Breakfast with the Judiciary Committee, 2011-2012) Oklahoma Bar Association State Bar of Texas, Construction Law Section (Editorial Board Member) Texas Bar Foundation (Life Fellow) Experience Master Service Agreement Prepared a Master Service Agreement and related documentation for the major expansion of an information technology company s data storage facilities in multiple U.S. locations. Headquarter Relocation Prepared and managed multiple Design-Build Agreements on behalf of a publicly traded company, consolidating its headquarters, manufacturing and distribution facilities and relocating them from California and other US locations to North Texas. 2018 Muncsh Hardt Kopf & Harr, P.C. All Rights Reserved 2
International Arbitration Served as panel chair on a large, international arbitration matter through the International Center for Dispute Resolution. Following a two-week jury trial, obtained a favorable jury verdict against one party, and a favorable settlement against another party, in a multi-million dollar construction defect claim. Successfully prosecuted a multi-million dollar payment claim on behalf of a general contractor, against a large, national retailer. Defended an engineering firm in a three-week design defect case in Galveston County, Texas, where the plaintiff s demand to the jury was $6.2 MM. The Firm s client received a defense verdict on all of the claims against it, while other defendants were found liable. Defended Texas A&M University against a $3 MM construction delay/impact claim. Not only did Texas A&M receive a defense verdict, but the University was awarded damages on its counterclaim. Drafted design and construction contract language for Owner, for use of Building Information Modeling (BIM) on a medical center project valued in excess of $300 MM. Contract Negotiation Negotiated and drafted a series of complex, tri-party engineering contracts with a public owner and private concession holder for services on a $1 B road project. 2018 Muncsh Hardt Kopf & Harr, P.C. All Rights Reserved 3
Prepared and negotiated design and construction contracts and oversaw entity formation and domestication for large institutional projects in Cochabamba, Bolivia, San Pedro Garza Garcia, Mexico, Recife Brazil, Buenos Aires, Argentina and Caracas Venezuela. Construction Representation Established on site relationships with local counsel and local consultants in Cochabamba and La Paz, Bolivia and Monterrey and San Pedro Garza Garcia, Mexico to assist with large institutional projects. Managed contracts for design and construction through a client s design and construction management office in Mexico City, Mexico. Defended a large contractor on claims of wrongful termination in a jury trial in federal court. Successfully defended a structural engineer in a jury trial. The client received a defense verdict. Newsroom Press Release: Twenty-Five Munsch Hardt Attorneys Recognized as 2019 Best Lawyers in America Article: Special Purpose Entities: Are Parent and Subsidiaries Separate or Joined? In The News: Ben Wheatley and Mason Hester Discuss Construction Industry with Law360 Article: The Attorney-Client and Attorney Work-Product Privileges: What Every Construction Lawyer Needs to Know Press Release: Twenty-Three Munsch Hardt Attorneys Honored as 2018 Best Lawyers in America In The News: Builders Overcoming Challenges to Keep Pace with Construction Demand Speech: Carved Out of the Herd: The Others Settled Should You Have? Article: Joint and Several Contractual Liability and Settlement Credits In The News: Munsch Hardt's Revenue and Profit Rose in 'Fantastic' Year 2018 Muncsh Hardt Kopf & Harr, P.C. All Rights Reserved 4
Press Release: Karim and Wheatley Complete Board Certifications from the TBLS Press Release: Munsch Hardt Elects Shareholder Ben Wheatley as Next Office Head Article: Assignment Issues in Construction Contracts Article: Dispute Resolution in Construction Law Cases: Arbitration vs. Litigation Article: Assignment Issues Implicated in Contract Clauses Speech: What s the Appeal of Arbitration? Overturning Arbitration Awards and the New Appellate Rules Article: Claim Time Limits: Not Too Long, Not Too Short, But Just Right Article: The Law of Unintended Consequences Speech: Design Professionals and the Economic Loss Rule Speech: Playing It Cool: How to Effectively Pursue Claims While Keeping Your Customer Happy Article: Navigating the Labyrinth of Consequential Damages in the Construction Industry: A History of and Legal Approaches to Living with Them Article: Pass-Through Claims & Liquidation Agreements Article: The Universal Applicability of Pass-Through Claims Press Release: Munsch Hardt Welcomes Benton Wheatley & Jessica Neufeld Article: An Introduction to Building Information Modeling Article: Negligence Claims in Texas Construction Cases Article: Defending Subrogation Claims in Design and Construction Cases Article: Living in a Material World 2018 Muncsh Hardt Kopf & Harr, P.C. All Rights Reserved 5