Building on variety: Madison associate enjoys wide range of cases

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Chase Horne knows there’s always something new and exciting in construction law, even when he’s working on two cases with nearly identical paths.

Horne, an associate at DeWitt, Ross & Stevens SC, Madison, represented a construction firm dragged into asbestos litigation with two dozen other defendants. He and other members of the defense team got the claims dismissed on summary judgment.

Then, an almost identical lawsuit was filed against the same client, by the same plaintiffs’ lawyers but with different plaintiffs, using cookie-cutter pleadings.

So Horne and the team used a virtually identical line of attack as their successful first go-around.

“We developed a legal strategy that allowed us to effectively and efficiently get our client out of the litigation on the merits, as quickly as possible,” Horne said. “It was a slightly novel approach, and it worked out great for the client.”

Though those cases were similar, Horne said, it’s the variety he finds in construction law that keeps him interested.

“One day, I’ll be working on an asbestos-defense case or toxic torts,” he said. “The next day, I’m working with a general contractor to design a new contract that will protect their rights in the event litigation arises one day.

“The next day, I’ll be working in an arbitration because of a design defect during a construction project.”

The Daily Reporter: What is the number one legal issue construction firms need to be aware of today?

Chase Horne: I spend most of my time representing general contractors, and for them the most important thing is the contracts they enter into with subcontractors. That will control their entire relationship from that point forward, including any litigation that, hopefully, won’t arise one day. For them, the most important thing is to have an indemnification provision and to review it to make sure it will be enforceable. Courts tend to construe those narrowly in Wisconsin.

TDR: What is one thing attorneys won’t learn in law school?

Horne: They don’t teach you about how important relationships are, with people in the community and the legal community; the marketing component. It’s all about getting out there, making friends, being yourself and building relationships.

TDR: What was your least-favorite course in law school?

Horne: I wasn’t a big fan of civil procedure. At the time, all I could think was, ‘Whoever gets into a fight about personal jurisdiction?’ Then, after one summer clerking here, I got a completely different perspective. I re-thought civil procedure. But I do think it should be taught with a more practical focus, because I use it every day.

TDR: If you hadn’t become a lawyer, what career would you have chosen?

Horne: I love skiing and being in the mountains in Colorado, and if I could make just enough to support my family I think I’d own a ski rental shop and leave work everyday at 1 to hit the slopes.

TDR: What is your definition of success?

Horne: Working hard at everything you do, knowing that you’re not perfect and you’ll make mistakes, but you accept responsibility and learn from them. For me, it’s not running from missteps, but addressing them head on.

Mistakes are the best teaching moments.