JOHN N. BRAITHWAITE
Shareholder/Director
With Plant, Christensen & Kanell since 1984
Tel. (801) 363-7611
Fax: (801) 531-9747
Email: jbraithwaite@pckutah.com
Mr. Braithwaite is a shareholder of Plant, Christensen & Kanell. He began his legal career with Plant, Christensen & Kanell’s predecessor firm in 1985 and has been involved in many different aspects of insurance defense work and construction law. He has successfully defended cases in the state and federal courts involving construction defects, architect/engineer liability, insurance agent/broker liability, premises liability, products liability, real estate agent/broker liability, insurance coverage disputes, property damage, personal injury, and surety bonds. His current practice concentrates on design professional defense and construction matters. He represents and counsels architects, engineers, surveyors, general contractors, and subcontractors in design/construction contracts, risk management, alternative dispute resolution, and litigation. This work has included representation of design professionals on many significant construction projects and cases in the state of Utah, including claims involving structural failures, geotechnical problems, shoring failures, delay claims, and other alleged design errors.
Mr. Braithwaite’s experience in design professional liability cases includes many notable projects in the state of Utah. A few examples include:
Structural collapse of Goldminer’s Daughter Lodge, Alta, Utah
Concourse wall panel failures at Salt Lake International Airport
Delay claims related to the expansion of the Salt Lake Convention Center
Alleged design and construction deficiencies on the Grand America Hotel, Salt Lake City, Utah
Structural failure of roof mast at the Olympic Speed Skating Oval, Kearns, Utah
Mr. Braithwaite maintains an “AV” rating with Martindale-Hubbell, which is the highest rating awarded to attorneys for professional competence and ethics.
Education
University of Utah College of Law, J.D., 1985
William H. Leary Scholar, 1984-85
Utah State University, B.S., Civil and Environmental Engineering, 1982
Magna cum laude
Engineering Honor Society, Tau Beta Pi
Civil Engineering Honor Society, Chi Epsilon
Practice Areas
Construction Law
Design Professional Defense
Construction Defect Litigation
Insurance Broker/Agent Liability
Real Estate Broker/Agent Liability
Surety
Admitted to Practice
Utah State Bar (All Utah Courts)
United States District Court, District of Utah
United States Court of Appeals, Tenth Circuit
Professional Affiliations and Memberships
Utah State Bar Association, Litigation and Construction Law Sections
Salt Lake County Bar Association
Utah Defense Lawyers Association
Appellate Cases
Townhomes at Pointe Meadows Owners Ass’n v. Pointe Meadows Townhomes, LLC, 2014 UT App 52, 329 P.3d 815, superseded by Rule as stated in Berger v. Ogden Reg’l Med. Ctr., 2020 UT App 85, 469 P.3d 1127
W. Sur. Co. v. Toscano, 2007 UT App 77
Johannessen v. Canyon Rd. Towers Owners Ass’n, 2002 UT App 332, 57 P.3d 1119
SME Indus., Inc. v. Thompson, Ventulett, Stainback & Assocs., Inc., 2001 UT 54, 28 P.3d 669
Cannon v. Travelers Indem. Co., 2000 UT App 10, 994 P.2d 824
Healey v. J.B. Sheet Metal, Inc., 892 P.2d 1047 (Utah Ct. App. 1995)
Utah Power & Light Co. v. Fed. Ins. Co., 983 F.2d 1549 (Utah Ct. App. 1993)
Horton v. Goldminer’s Daughter, 785 P.2d 1087 (Utah 1989)
Fashion Place, Inv. v. Salt Lake County/Salt Lake County Mental Health, 776 P.2d 941 (Utah Ct. App. 1989)
Allstate Enters., Inc. v. Heriford, 772 P.2d 466 (Utah App. 1989)
Baker v. W. Sur. Co., 757 P.2d 878 (Utah App. 1988)
Awards and Recognitions
Mountain States Super Lawyers, Construction Litigation , 2013-2020
Mountain States Super Lawyers, Top 100 , 2019, 2020
Utah Business Magazine, Legal Elite - 2011-2020
Martindale - Hubbell - "AV" Rating