Henry D. Hoss

Shareholder, Director

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  • Overview
  • Experience
  • Honors & Involvement
Bio overview

Henry Hoss is a trial lawyer who practices primarily in the areas of construction litigation and commercial litigation. He has extensive experience representing contractors, architects and owners in construction litigation, arbitration and mediation; manufacturers in products liability disputes; and buyers and sellers in commercial litigation involving the purchase and sale of aircraft. As a result of his construction litigation experience, Henry has also developed expertise in preparing and negotiating construction contracts.

Henry has been involved in several high-profile cases involving construction litigation and products liability. In the landmark case of Christian v. Gray, 2003 OK 10, 65 P.3d 591, he represented a defendant in an action where the Oklahoma Supreme Court adopted the Daubert standards for expert witnesses. The Daubert standards were subsequently used to exclude the plaintiffs’ expert witness on causation leading to dismissal of the lawsuit and more than a dozen other lawsuits that had been filed against the defendant arising out of the same occurrence.

As part of his practice, Henry serves as leader of the firm’s Subrogation Recovery Services litigation team of lawyers. He also serves on McAfee & Taft’s board of directors.

His achievements have earned him inclusion in The Best Lawyers in America (commercial litigation, construction law, construction litigation) and Oklahoma Super Lawyers. Henry was selected by Best Lawyers as “Oklahoma City Construction Litigation Lawyer of the Year” for 2018, an honor given to a single lawyer in each legal specialty in each market.

Prior to entering law school, Henry obtained his bachelor’s degree in mechanical engineering from the University of Oklahoma.

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Experience, Honors, & Awards

Representative Experience

Construction Litigation

  • Negotiated favorable settlement of claims brought by subcontractor against general contractor for work performed in Iraq.
  • Represented leading national contractor in claims brought by subcontractor after termination.
  • Defended one of the nation’s largest professional construction companies in a lawsuit in which plaintiffs claimed building’s existing roof was damaged while office was being renovated.
  • Represented landscaper in arbitration with subcontractor over large downtown municipal park.
  • Represented numerous general contractors in litigation with subcontractors over failure to complete their scope of work resulting in delays and damages.

Contracting

  • Represented owner in preparing and negotiating contracts with general contractor for the construction of apartment complexes.
  • Represented owner in preparing construction contracts for an addition to a hospital.
  • Represented owner in negotiating contracts related to the construction of a specialty hospital.
  • Represented owner in drafting and negotiating construction contracts related to the renovation of a historic building site.
  • Negotiated contracts on behalf of a manufacturer and installer of water treatment equipment on multiple construction projects.

Professional Negligence

  • Represented design professionals in a lawsuit alleging negligent design resulting in excessive moisture in a slab.
  • Represented architectural firm in a lawsuit alleging improper design and resulting fire issues.
  • Represented design professionals against claims of negligence involving exterior building panels.

Aircraft Transaction Litigation

  • Tried case in state court for an aircraft owner in a dispute involving a back-to-back-to-back transaction involving a G550.
  • Negotiated favorable settlement for the seller of an Agusta helicopter in a lawsuit arising from failed back-to-back transactions.
  • Represented buyers and sellers in interpleader actions arising out of failed aircraft purchase and sale agreements and disputes over entitlement to funds deposited in escrow.
  • Represented aircraft maintenance facilities in billing disputes.
  • Represented lenders in aircraft foreclosures, both judicial and non-judicial.

Commercial Litigation

  • Preserved a multimillion-dollar jury award in favor of an Oklahoma-based limestone mining company by defeating a motion to vacate the judgment filed five years later by the Rogers County Board of Commissioners.
  • Obtained summary judgment on behalf of three defendants in a case where the receiver for two failed insurance companies asserted claims of constructive fraudulent transfer and successor liability.
  • Successfully represented Oklahoma State Fair, Inc. in trial where plaintiffs requested an injunction that would have prevented the demolition of a racetrack determined to be physically unsafe for public activities.
  • Obtained preliminary injunction on behalf of a lumber and supply company prohibiting a former employee and his new employer from utilizing confidential information to unfairly compete.

 

Honors and Awards

  • Selected by peers for inclusion in The Best Lawyers in America (commercial litigation; construction law; construction litigation)
  • Named “Oklahoma City Construction Litigation Lawyer of the Year” for 2018 by The Best Lawyers in America
  • Listed in Oklahoma Super Lawyers
  • Rated AV Preeminent by Martindale-Hubbell Peer Review Ratings
  • Honored with the University of Tulsa College of Law’s Outstanding Alumnus Award (2016)

Professional Organizations and Memberships

  • Oklahoma County Bar Association
  • Oklahoma Bar Association
  • American Bar Association

Civic Involvement and Leadership

  • Victims Impact Panel, Inc. (General Counsel)

ATPs display in this column

At The Podium

Mastering Indemnification: The ground game of negotiations

2017 Corporate Counsel Seminar
Oklahoma City, OK | December 7, 2017

Construction Law: What do you do when …?

National Business Institute Continuing Education Seminar
Oklahoma City, OK | November 3, 2014

Construction Law

Oklahoma Board of Architecture’s Spring Continuing Education Seminar
Oklahoma City, Oklahoma | April 11, 2014
Attorney Articles
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Industry Groups

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Admissions

  • Oklahoma, 1985
  • All state and district courts in Oklahoma
  • U.S. Court of Appeals for the Tenth Circuit
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Education

  • J.D., University of Tulsa, 1985
    • Order of the Barristers
  • B.S. (Mechanical Engineering), University of Oklahoma, 1982
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