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R. Thomas Avery


“All we have to decide is what to do with the time that is given us.” J.R.R. Tolkien

Areas of Concentration

  • Litigation

Experience at Work

Thom represents corporate entities and individuals in a wide variety of complex commercial litigation matters, including contract disputes, lender liability, construction defect claims, mechanic’s liens and other commercial disputes.

Thom has earned a national reputation in the field of lender liability. During his career, he has obtained judgments and settlements on behalf of his clients for lender liability, judgments voiding guarantees, and negotiated favorable work-outs.

Thom has considerable experience representing and advising companies and real estate developers in business-related disputes involving banks and other financial institutions. In addition, Thom has also represented national general contractors, builders, and designers in dispute resolution, arbitration, and litigation relating to construction defect claims, contract dispute and mechanics’ liens.

Significant Experience

Published Decisions

  • Fisher v. 10451 Manchester, Inc., 204 S.W.3d 696 (Mo. App. E.D. 2006)
  • Ram Financial, LLC v. Americon, LLC, 487 S.W.3d 491 (Mo. App. E.D. 2016)
  • Fox Plumbing Supply, Inc. v. Kootman, 955 S.W.2d 220 (Mo. App. E.D. 1997)
  • 8000 Maryland, LLC v. Huntleigh Financial Services Inc., 292 S.W.3d 439 (Mo. App. E.D. 2009)
  • Frontenac Bank v. T.R. Hughes, Inc., 404 S.W.3d 272 (Mo. App. E.D. 2012)
  • Doe v. TCI Cablevision, 110 S.W.3d 363 (Mo. 2003)

Knowledge & Insights

Speaking Engagements

  • Facts and Friction: Straight Talk about when Projects Go Sideways. Construction Specifications Institute | Greater St. Louis Chapter. St. Louis, MO. (2022)

Firm Programs

Admissions & Qualifications

Bar & Court Admissions

  • Missouri
  • Illinois
  • U.S. District Courts
    • Eastern District of Missouri
    • Southern District of Illinois

Educational Background

  • J.D., Washington University School of Law (1994)
  • B.A., New Mexico State University, with honors (1990)

Leadership & Community Engagement

Current Leadership Positions

  • Central Presbyterian Church | Member
  • St. Louis County Jail – Volunteer Program | Participant

Past Leadership Positions

  • Westminster Christian Academy | Board of Directors
  • Central Christian School Board | Board of Directors

Civic & Community

  • Westminster Christian Academy
  • Central Presbyterian Church
Avery Featured Commercial Litigation Panelist at CSI Meeting
Three Critical Aspects of Personal Guarantees on Business Loans
COVID-19 Construction Contract Considerations