Kevin J. Caster, Shuttleworth & Ingersoll, P.L.C.

Practice Areas

  • Construction Law
  • Litigation

Contact Information

Kevin J. Caster
Attorney, Senior Vice President
Shuttleworth & Ingersoll, P.L.C.

Phone: (319) 731-2339
Email:
Fax: (319) 365-8443

About Kevin J. Caster

Kevin Caster is an Attorney and Senior Vice President with Shuttleworth & Ingersoll, P.L.C.  Kevin's law practice focuses on commercial litigation, and particularly in construction litigation.

Kevin is a Fellow in the Iowa Academy of Trial Lawyers. He has tried numerous cases to the Iowa District Courts, and the United States District Courts for the Northern and Southern Districts of Iowa. Kevin has argued appeals in front of the Iowa Court of Appeals, the Supreme Court of Iowa, and the United States Court of Appeals for the Eighth Circuit. Kevin testified in Iowa District Court as an expert on construction claim evaluation without objection to his credentials.

Kevin has written and spoken extensively on the laws that govern construction disputes, including: Construction Contract Law; AIA Contracts; Implied Warranties in Construction Contracts; Economic Loss Doctrine; The Standard of Care for Design Professionals; and Construction Accidents. He is the author of the Iowa Chapter of State-by-State Guide to Architect, Engineers and Contractor Licensing, Second Ed, S. G. Walker, Ed. (Wolters Kluwer 2012).

Kevin was named “Lawyer of the Year” by Best Lawyers’ 2013 for Cedar Rapids in Construction Litigation and again in 2016 for Construction Law.

Education:

  • B.A. University of Northern Iowa with honors in Political Science and Communication in 1982.
  • J.D. University of Iowa, with distinction in 1995.  Senior Note and Comment Editor, Iowa Law Review. Student comment, The Future of Self-Funded Heatlh Plans, Iowa Law Review.

Professional Affiliations

  • American Bar Association
  • Iowa State Bar Association
  • Linn County Bar Association
  • Fellow in the Iowa Academy of Trial Lawyers

Awards and Recognitions

  • Martindale-Hubbell, Inc. Rating “AV”
  • Listed in The Best Lawyers in America®—Commercial Litigation, Construction Law, Litigation - Construction
  • “Lawyer of the Year” by Best Lawyers’ for Cedar Rapids in Construction Litigation (2013) and Construction Law (2016)
  • Listed as a Great Plains Super Lawyer®—Business Litigation, Construction/Surety
  • Leadership For 5 Seasons (class of 2004)

Community and Personal

Prior to law school, Kevin taught debate and economics at Iowa City High School.  Kevin participates in Iowa Legal Aid's, Volunteer Lawyers Project.  Kevin has also served on and for various non-profit boards of directors, including several bicycle advocacy groups. Kevin and his wife, Pam, have four children and a growing gaggle of grandchildren.

Representative Work/Cases

In the past, Kevin has represented:

  • Civil engineering firm against claims related to storm water designs.
  • A nature conservancy seeking to enforce a conservation easement.
  • Millwright and supplier of grain elevator equipment against claims of defective equipment.
  • Electrical equipment supplier against claims of negligence in connection with a competitive bid.
  • Shopping mall owner who was damaged by a municipal moratorium on development.
  • Masonry contractor against claims of defective construction.
  • Manufacturer of plastic products in the defense of claims of Lanham Act violations, unfair competition, trademark infringement.
  • Land surveyor in connection with claims about a disputed boundary.
  • Manufacturer of specialty abrasives to recover sums dues under a disputed contract for the sale of goods.
  • Retail chain against claims arising from the termination of the purchase of commercial real estate.
  • Engineering firm in the settlement an $4 million fire claim.
  • Commercial general contractor seeking to close out a $65 million public construction project over claims of delay and liquidated damages.
  • Software and hardware computer retail giant against claims of fraud and breach of contract arising from the sale and installation of a SQL server.
  • Concrete construction company seeking to enforce a contract claim and defending against counterclaims for defective work.
  • Architect and Engineering firm seeking to develop a uniquely tailored design-build construction contract form set.
  • Mining equipment manufacturer against claims of product liability arising from an accident resulting in the plaintiff's paralysis.
  • Livestock marketing firm owner against claims of fraud.
  • Agricultural implement patent owner seeking to defend intellectual property from infringing manufacturer.
  • Local colleges in connection with construction contract negotiations.
  • Engineers defending claims arising from the construction of a bicycle trail on which the plaintiff suffered a traumatic brain injury.
  • Owner of an anaerobic digester claiming that the engineer failed to account for the dilution of the feedstock.
  • Architects defending claims arising from construction services that were not included in the scope of the professional services agreement.
  • Land surveyors defending claims arising from the setting of a monument for the resolution of a boundary dispute.
  • Architect in connection with professional services contract.
  • Engineers defending claims that the firm failed to properly design and inspect a municipal swimming pool.
  • General Contractor defending claims that construction loads exceeded design capacity causing concrete cracking.
  • Engineers against allegations that they improperly authorized changes to a public construction contract.
  • General contractor seeking constructive delay and acceleration damages.
  • Architects and engineers against allegations related to the life cycle cost of geothermal energy source and the performance of an aquatic center HVAC system.
  • A sanitation service company against claims that its services caused an electrical short-circuit and a fire.
  • A commercial building owner in a construction contract dispute where the court held that change orders must be in writing when the contract so requires.
  • Architects and engineers against claims of negligent misrepresentation in plans and specifications for a roof replacement.
  • Subcontractors with Chapter 573 public contract “lien” claims.
  • General contractors in a Chapter 573 public contract “lien” claim disputes.
  • Engineers against allegations related to development boundary platting.
  • Home owners with allegations of defective home construction (on multiple occasions).
  • Residential contractors against claims of defective home construction (on multiple occasions).
  • Engineering firm against allegations of successor liability arising from a boundary dispute.
  • Commercial building owner with claims of defective building envelope design.
  • Subcontractor against claims arising from a proprietary specification in a public contract.
  • Restaurant equipment repair service against claims that the repair services caused a fire.
  • Roofing contractor against claims of defective roof product.
  • Grading contractor against claims of excess structure settlement in loess soils.
  • Grading contractor against claims that drainage caused water infiltration and a mold injury.
  • Architect of a private home against claims of defects in home design details.
  • General contractor against claims that a cattle feeding facility was improperly designed and constructed.
  • Swimming pool designer against claims arising from a personal injury on a zero-entrance pool.
  • An investor in an implement manufacturer who made claims against a bank and co-investor for fraud.
  • Truss designer and manufacturer against claims arising from agricultural building collapse.
  • Prime contractor against claims arising from a job-site explosion resulting in personal injuries.

Aside from litigation, Kevin also provides construction contract drafting advice to commercial building owners, general contractors, subcontractors, home owners, residential contractors, and design firms. Kevin has drafted commercial and residential construction contracts using his own templates.  He has a working familiarity with the copyrighted, proprietary forms published by AIA and ConsensusDocs.

Kevin J. Caster in the News