Insurance Coverage Claims
Surety Bond Claims
Complex Business Litigation
Commercial Real Estate
University of Arkansas at Little Rock, William H. Bowen School of Law, J.D., with Honors
University of Arkansas, B.S., Accounting
Joel Hoover is an accomplished construction lawyer with over sixteen years of experience successfully representing clients in all aspects of construction law and litigation. He is a trusted advisor who regularly provides counsel on the legal issues that routinely arise in a contractor’s business, while also serving as an effective advocate when clients face disputes. He serves as panel defense counsel for various insurers, and has been retained to represent clients in construction defect, personal injury, and surety claims stemming from construction activities.
Mr. Hoover has litigated, arbitrated, and mediated all types of construction disputes, and is active in state and federal courts in Arkansas, as well as the Eighth Circuit Court of Appeals. His experience in jury trials and bench trials ranges from litigating issues involving heavy highway construction, utilities, and airport construction to multi-million dollar commercial building disputes.
During the 2015 Arkansas General Assembly, Mr. Hoover assisted in an advisory capacity with the revision of Arkansas’s hold harmless statute pertaining to construction contracts (Ark. Code Ann. §4-56-104). He has also recently assisted with revisions to Arkansas’s surety statute (Ark. Code Ann. §18-44-501, et seq.).
Mr. Hoover is an adjunct professor of Construction Contracts & Law at the University of Arkansas at Little Rock, Department of Construction Management and Civil Engineering. He has been recognized by Super Lawyers Mid-South as one of the top lawyers in the areas of Construction and Business Litigation, and has been named a Super Lawyer since 2014.
Publications and Presentations
Merit Shop Report
Honors and Awards
Mid-South Super Lawyers Rising Star, Business Litigation, 2013
Mid-South Super Lawyers, Construction Litigation, 2014-2017
Prosecution of False Claims Act suit against bank for falsely certifying compliance with Federal requirements in order to obtain insurance on FHA mortgage loans, resulting in $11.6 million settlement. U.S. ex rel. Shackleford v. Iberia Bank, No. 4:15-cv-00416-BRW (E.D. Ark. 2017)
Obtained arbitration award in favor of general contractor in defense against owner’s breach of contract claim on $815,000 commercial project. Awarded full amount of attorneys’ fees, including surety’s legal fees, for complete successful defense.
Successful appeal to Arkansas Court of Appeals on behalf of principal and surety in payment bond claim dispute. Travelers Casualty & Surety Co. v. Cummins Mid-South, LLC, 2015 Ark. App. 229
Successful appeal to Arkansas Supreme Court on behalf of surety in matter of first impression. Established Arkansas precedent that “pay-if-paid” clause constitutes express condition precedent to subcontractor’s right to payment. Travelers Cas. & Sur. Co. of Am. v. Sweet’s Contracting, Inc., 2014 Ark. 484
Successful appeal before Arkansas Court of Appeals in favor of business owner in malpractice suit against former accountant. United Systems of Ark., Inc. v. Beason & Nalley, Inc., 2014 Ark. App. 650
Successful defense and prosecution of counterclaim on behalf of contractor in breach of contract arbitration regarding multi-million dollar commercial construction project.
Defended employer against wrongful termination suit, establishing Arkansas precedent that an employer may recover attorneys’ fees from employee who unsuccessfully sues for wrongful termination. Marlow v. United Systems of Ark., Inc., 2013 Ark. 460
Professional Associations and Memberships
Construction Law Section of the Arkansas Bar Association
Associated Builders and Contractors, Central Council Chairman, 2015
Associated General Contractors, council member
Construction Law Section of the American Bar Association, member