Spencer Brown Shareholder

Appellate Practice
Construction Law

Spencer loves the law for its simplicity. Not that the law is all that simple; but what Spencer loves is the challenge of taking complicated facts and law and then analyzing and explaining them in a way that judges, juries, clients, and (let’s be honest here) even he can understand. That is why Spencer’s practice has gravitated to three areas where creating simplicity is every-day work.

Spencer primarily focuses his practice in construction contract litigation, appeals, and aviation cases. In his construction cases, Spencer helps to make sense of complex contract claims on large scale construction projects requiring years to complete, and filling rooms full of documents. He has handled claims on federal, state, and privately funded construction projects representing everything from government entities to the smallest subcontractors. Spencer has fully embraced the “construction lawyer” life—he even drives a pickup.

Spencer’s appeals allow him to focus more narrowly on the law developed by Utah’s courts and legislature, and apply that law in new ways to new sets of facts, and try to explain it all in a very limited page count. He has handled successful appeals before the Tenth Circuit, Utah Supreme Court, and Utah Court of Appeals.

Finally, his aviation cases allow him to solve puzzles where, quite often, much of the key evidence has been lost in an aircraft accident and there are no easy answers. He represents aircraft owners, pilots, and insurers.

Spencer occasionally shows up to the work in lycra as he claims to be a competitive road cyclist and mountain biker. His day job of trying to find simplicity in complex issues is good training for his true life’s work—raising his two three (!) young daughters. Wish him luck.

Professional Memberships

Utah State Bar

Utah State Bar Appellate Practice Section

Utah State Bar Litigation Section

Utah State Bar Construction Law Section

Utah Defense Lawyers Association


Professional Recognition & Awards

Utah Defense Lawyers Horizon Award recipient, 2019

Super Lawyers Mountain States Rising Star, 2015, 2016, 2018, 2019

Utah Business Magazine’s “Utah Legal Elite” 2018, 2019, 2020

Published Case Decisions

Sutton v. Byer Excavating, Inc., 2012 UT App 28; 271 P.3d 169

Am Nat’l v. Sorensen, 329 P.3d 36 (Utah 2014)

Advanced Forming Tech., LLC v. Permacast, LLC 2015 UT App. 7

8665 North Cove v. Am. Family Mut. Ins. Co., No. 14-4086 (10th Cir., May 14, 2015)

Advanced Forming Tech. LLC v. Permacast LLC, No. 20150095-SC (Utah, April 29 2015)(cert. denied)

E&H Land, LTD. v. Farmington City, No. 20140988-SC (Utah, Feb. 11 2015)(cert. denied)

Specht v. Big Water Town, 2017 UT App 75, P.3d

Gale v. Uintah Cty., No. 16-4099 (10th Cir. 2017)(unpublished)

Baer v. Salt Lake City Corp., No. 16-4186 (10th Cir. 2017)(unpublished)

Baer v. Salt Lake City Corp., No. 14-4153 (10th Cir. 2015)(unpublished)

Marziale v. Spanish Fork City, 2017 UT 51, __ P.3d __.

Pilot v. Hill, 2018 UT App 105, __ P.3d __.

Pilot v. Hill, 2019 UT 10, __ P.3d __ (oral argument audio here:


Build, Inc. v. Utah Dep’t of Transportation, 2018 UT 34, __ P.3d __.

Sumsion v. J. Lyne Roberts and Sons, et al., 2019 UT 14, __ P.3d __ (oral argument available here: https://youtu.be/yetwpXjWeBw)

Spencer Brown