Matthew Foytlin's commercial litigation practice includes the areas of financial litigation/bankruptcy, construction, and insurance coverage. He represents creditors and interested parties in reorganizations and adversary proceedings and advises clients on bankruptcy-related issues that impact business operations, such as preference claims, judicial sales of bankruptcy assets, and executory contracts. Matt also represents lenders in commercial disputes in a variety of venues, from state court to bankruptcy court.
Matt’s construction experience includes advice and disputes regarding contracts and indemnity, mechanics’ and mineral property liens, and surety litigation involving owners, contractors, and suppliers. For suppliers, Matt’s experience extends to trucking and transportation clients in the construction industry. On the design side, he has guided architects and engineers through both the claims and litigation process, including pre-suit investigations, subpoena requests, depositions, and multi-party litigation on construction defect and personal injury claims. Matt has also counseled builders risk clients on coverage issues regarding defective design and construction, sublimits on professional fees and services, and loss valuation as it relates to construction.
Matt frequently advises insurers on coverage issues regarding first party insurance disputes, with a focus on property and builders risk claims. Matt’s broad range of experience in commercial property claims includes all types of catastrophes, from windstorms to hail storms and water damage. This experience extends to complex issues of appraisal, concurrent causation, and business interruption.
- Represented Chapter 11 Trustee in reorganization of commercial real estate partnership
- Represented architects and engineers in lawsuits alleging professional negligence
- Represented contractors and subcontractors in all aspects of construction litigation, from contract disputes
- Represented trucking and transportation company in the defense of personal injury claims
- Represented insurer in complex coverage dispute involving duty to defend and indemnify under liability in successive multi-party lawsuits stemming from an oil and gas fatality
- Represented financial institutions in construction equipment loan disputes, frequently resulting in successful repossession of equipment and other pre and post-judgment garnishment and collectio
- Represented financial institutions in all aspects of litigation, from commercial loan defaults to lender liability claims
- Represented builders risk insurer in complex construction dispute regarding issues of construction and design defect