Construction, Surety and Commercial Litigator

Heather Shore

Member in Kansas City

816.448.9329

“My undergraduate degree in business with an emphasis in economics brings a unique perspective to my practice areas, and helps me to resolve your complex legal issues in a way that makes the most sense for your business and litigation objectives.”

Heather Shore is a well-recognized construction and surety litigator with nearly 30 years of experience handling high-stakes construction and commercial litigation for some of the nation’s most recognizable projects.

Co-Chair, Baker Sterchi’s Construction Practice Group
Known for resolving complex construction disputes and drafting contracts, having managed over 100 pre-litigation matters to minimize client losses
Serves on the American Arbitration Association Panel of Construction and Commercial Arbitrators
Recognized by various peer-review rankings for Construction Law
Frequently speaks at national organization conferences, including the American Bar Association, Construction Super Conference, and Defense Research Institute

Construction, Surety and Commercial Litigator

Heather Shore

Member in Kansas City

816.448.9329

Heather Shore has nearly 30 years of experience handling complex construction, surety and commercial litigation matters, with values ranging from $10,000 to $250 million, including on some of the most recognizable projects in the Country. She has extensive experience with handling disputes for contractors involving federal construction projects such as medical facilities, hangars, vertical construction and Davis Bacon issues. Heather regularly reviews and drafts construction contracts and has worked to resolve over 200 pre-litigation matters, assisting with project defaults and completion to minimize client losses and avoid litigation. She is a co-chair of Baker Sterchi’s Construction Practice Group and serves on the American Arbitration Association Panel of Construction Arbitrators, Commercial Arbitrators and Consumer Arbitrators.

Licensed in Colorado, Kansas, Missouri and Texas, Heather maintains a diverse practice in state and federal courts across the country, representing clients on small and mega-projects. She has been recognized as a Top 50 Women Attorney in Missouri and Kansas by KC Magazine, a Top 30 Most Influential Woman by Kansas City Business Magazine, and a Women Leader in the Law by Fortune Magazine. Heather has also been included in Best Lawyers and Super Lawyers publications for her achievements as a top construction litigator in various states. She frequently speaks for local and national organizations on how to manage and litigate construction delay claims, contract drafting, dispute resolution, and surety claims handling and loss mitigation strategies, including for the American Bar Association, Construction Super Conference, and Defense Research Institute.

Outside of work, Heather enjoys international traveling, camping and hiking with her family.

Representative Experience:

Obtained $4.989M in judgments against Dan Lowe and a multitude of his Legacy Development companies on behalf of national investor clients, and successfully unwound highly complex fraudulent transactions involving a web of businesses, persons, property and assets located in 5 states and the U.S. Virgin Islands. Urth Partners, LLC v Daniel H. Lowe, et al., Johnson County, KS, Case No. 22CV05103, 2024.
Successfully represented an international surety company by completing 48 project defaults across two states and resolving nearly 100 bond claims with projected losses totaling $20,000,000, followed by litigation with indemnitors based on claims of fraudulent transfer among others, which culminated in an agreed judgment and favorable client resolution. Swiss Re v. Blue Nile Contracting, Inc., et al., Jackson County, MO, Case No. 2116-CV04271, 2023.
Successfully represented CBRE Heery, Inc. in pursuing recovery of delay damages, extended general conditions and other damages caused by subcontractor, arising out of the construction of the Thomas Koritz Medical Clinic on Seymour Johnson Air Force Base, in NC. CBRE Heery, Inc. v. RLI and So. Glass & Mirror of Eastern North Carolina, Inc., N.C. Federal Dist. Court, Case No. 5:20-CV-00216-BO, 2022.
Successfully defended CBRE Heery, Inc. and its sureties against complex delay, disruption, prompt payment act, and 21 other claims brought by large electrical, mechanical and plumbing subcontractors, arising out of the construction of the Thomas Koritz Medical Clinic on Seymour Johnson Air Force Base, in NC. Schneider Electric Building Americas, Inc., et al. v. CBRE Heery, Inc., et. al., N.C. Federal Dist. Court, Case No. 5:20-CV-00257-BR, 2022.
Successfully represented an electrical subcontractor in pursuing unpaid change orders against a large Texas contractor arising out of the construction of a multi-family residential project in Prairie Village, Kansas, and in defending counterclaims which included the contractor’s voluntary dismissal of over $500,000 in delay damages and other claims against this subcontractor. Bailey Electric, LLC v. MW Builders, Inc., American Arbitration Association Case No. 01-20-0003-7757, 2021.
Successfully represented a national steel fabricator and erector in pursuing claims against Haren & Laughlin arising out of the construction of the District at City Center in Lenexa, Kansas, including complex construction sequencing and scheduling claims, design changes, and claims of disregard for contract formalities. Kansas City Steel Werx, Inc. v. Haren & Laughlin Construction Company, American Arbitration Association, Case No. 01-19-0002-9708, 2021.
Successfully represented a national developer in defending claims by Centric Projects and pursuing counterclaims, arising out of the reconstruction of the historical 905 Broadway building located in downtown Kansas City, including defending claims of unforeseen conditions, incomplete design, and delays. 905 Broadway, LLC v. Centric Projects, LLC, American Arbitration Association, Case No. 01-18-0002-3000, 2019.
Successfully represented Balfour Beatty in pursuing $93 million in claims against the federal government under the Contract Disputes Act, and defending Balfour Beatty and its sureties against $45 million in delay and other claims by subcontractors and suppliers, arising out of the construction of the Irwin Army Community Hospital on Fort Riley, in KS. Appeal of Balfour-Walton, A Joint Venture before the Armed Services Board of Contract Appeals, ASBCA No. 59884, 2017.

Admissions

Education

Memberships & Activities

American Arbitration Association
- Panel of Construction Arbitrators
- Panel of Consumer Arbitrators
- Panel of Commercial Arbitrators
American Bar Association
- Member and Committee Leader of the Construction Section and Surety Section
American Subcontractors Association
- Heart of America Chapter, Board Member, 2022-2023
Colorado Bar Association
Douglas County Bar Association
DRI
- Chair, Fidelity and Surety Law Committee, 2019-2022
- Program Chair, Fidelity and Surety Law Committee, 2018-2019
- Vice-Chair, Fidelity and Surety Law Committee, 2017-2019
- Publications Chair, 2016-2017
Johnson County Bar Association
Judge Hugh Means American Inns of Court, Douglas County
- Master of the Bench, present
- President, 2018-2019
- Vice President, 2016-2017
- Executive Committee, 2015-2016
Kansas Bar Association
- President, Construction Law Section, 2025-2027
Kansas City Metropolitan Bar Association
Missouri Bar Association
Missouri Organization of Defense Lawyers
Texas Bar Association

Awards & Recognition

The Best Lawyers in America, Kansas City Metropolitan Area
- Construction Law, 2013-present
- Litigation - Construction, 2013-present
- Women in the Law, 2017-2020
Missouri & Kansas Super Lawyers, 2009-present
- Top 50 Women, 2010-2023
- Top 100 Attorneys, 2014-2019
- Top 50 Attorneys, 2015-2017
- Top 50 Kansas City Business, 2014
- Rising Stars, 2008
Fortune Magazine Women Leaders in the Law, 2015
Kansas City Business Magazine Top 30 Most Influential Women Award, 2013
Kansas City Business Journal Best of the Bar, 2011

Community Involvement

Publications

Delay Claims. What are They? What are the Different Types? How to Support Them? And Methods of Proving Them, ABA TIPS Fidelity & Surety Law Committee Winter 2025 Newsletter (Part I - 2024; Part II - 2025)
Surety Defenses to Claims of Liquidated Damages, Surety Claims Institute (2023)
Project Oversight, Control and Staffing, ABA Fidelity & Surety Law Spring Conference (2019)
Navigating Surety Claims on a Federal Project, 56 for the Defense 48 (2014)
General Construction Contracts with Delegated or Shared Design, Chapter 7 in Shared Design (Michael T. Callahan, ed.) (2011)
Construction Conflict Management, Commercial Journal-Kansas City (February/March 2007)
Design-Building on Government Projects, Architect’s Guide to Design-Build Services 213-230 (G. William Quatman, II, ed.) (2003)
Various articles in The Law Corner for American Subcontractors Association, Greater Kansas City Chapter

Presentations

American Bar Association

Arbitration/ADR-Don’t Get Lost: Impairment and Other Surety Defenses in Multi-Party Litigation, Fidelity & Surety Law Spring Conference Presenter – LaJolla, CA, 2024
Understanding the Unique Legal Issues Involved in Bonding Alternative Delivery Method Projects, Fidelity & Surety Law Midwinter Conference Presenter – New Orleans, LA, 2024
Project Oversight, Control and Project Staffing, Fidelity & Surety Law Spring Conference Presenter – Austin, TX, 2019

American Institute of Architects (KC Chapter)

Key Contract Terms, 2016

American Society of Professional Estimators, Chapter 32 (Annual Construction Estimating Academy)

Avoiding Contract Pitfalls for Estimators, 2025
Construction Law for Estimators, 2023
Ethics in Estimating - A Legal and Practical Perspective, 2015, 2020

Associated Builders and Contractors - Heart of American Chapter (ABC Construction Summit)

A Detailed Overview of the Contract for Construction, 2021
Force Majeure Clauses and other Key Construction Terms, 2023

Construction Super Conference

Don't Let Damages Get You Down: Sticky and Tricky Damages Theories in Construction Litigation, Las Vegas, NV, 2024
Managing Challenging Personalities – Strategies for Dealing with Difficult Owners, Hollywood, FL, 2023

Defense Research Institute

Surety Takeover: Options in the Fact of Default, Fidelity and Surety Roundtable Presenter – Chicago, IL, 2014

Lorman Educational Services

The Fundamentals of Construction Contract Serie: Contract Formation and Interpretation, 2011
The Fundamentals of Construction Contract Series: Fundamentals of Construction Contracts, 2010

Missouri Bar Association CLE Courses

How to Series: Mechanic’s Liens, 2012
How to Series: How to Foreclose on a Missouri Mechanic’s Lien, 2010
How to Series: Avoid Waiving Your Mechanic’s Liens Rights, 2019
Fundamentals of Construction Contracts Series: Overview of Different Types of Contracts, 2008

National Business Institute

Construction Law Series Advanced Issues and Answers: Compensable vs Non-Compensable Delays; Determining Responsibility and Remedy for Delays; Advanced Negotiation Technics for the Top Sticking Points, 2023
Construction Law Series From Start to Finish: Overview of Contract Terms and Language; Ethics for Construction Attorneys, 2022
Construction Law Series Advanced Issues and Answers: Negotiating Techniques for the Top Sticking Points, 2022
Construction Law Boot Camp: Delays in Construction and How to Resolve Them, 2019
Construction Law What Do You Do When…? Series: What Do You Do When the Plans and specifications are Deficient, 2016
Construction Defect Litigation From A to Z: Allegations, Defenses and Proving Your Case, 2015
Troubleshooting Real Estate Transaction Problems: Handing Construction Defects and Repairs, 2014
The Building Blocks of Defect Liability and Standards of Care: Litigation Defenses, Allegations and Proving Your Case, 2012

Builders' Association (Various dates)

Advanced Mechanic’s Liens
Avoiding Future Contract Issues: The Importance of Understanding Contract Terms, Documentation and Scheduling Basics in Construction
Bonding and Surety Law
Killer Contract Clauses and the Do’s and Don’ts of Delay Damages: Missouri and Kansas
The Nuts and Bolts of Building Green
Sustainable Design and Construction: An Introduction to LEED Certification and Its Legal Impacts

News & Events

Heather Shore Serving as Marketing Liaison for ABA Forum on Construction Law

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