Kenneth M. Roberts

Partner, Executive Committee Member

"'Addicted' to Solving Problems for Utility Construction Clients," -Leading Lawyers Network, January 2009

In My Own Words

Kenneth M. Roberts concentrates his practice in the field of construction law and procurement contracts, particularly on behalf of owners in the energy industry. Mr. Roberts is consulted on a daily and ongoing basis by energy companies' procurement and risk management departments concerning every aspect of planned or ongoing construction projects and outages. Mr. Roberts engages in a range of services from preparation of and negotiation of contracts, project controls monitoring and advice during on-going projects, negotiation of change orders and contract additions, alternate dispute resolution through mediation, arbitration, dispute review boards, and when necessary, litigation.

Procurement/Contract Negotiation
By combining his skills as a litigator/advocate with his transactional experience, Mr. Roberts provides clients with a set of unique services designed to suit their business needs. Mr. Roberts has authored the standard forms for service and commercial contracts utilized by numerous companies. He has also advised owners during contract negotiations and major procurements, and has crafted terms for hundreds of millions of dollars in procurements.

Alternative Dispute Resolution
Mr. Roberts has an extensive background of representing owners, contractors and architect/engineers in multi-faceted, complex disputes involving delays, disruption and losses of efficiency; breaches of contracts for performance, scope of work and payment; and complex multi-party insurance coverage issues. Mr. Roberts has sat on and chaired several dispute resolution boards involving projects ranging in size up to $1 billion. Mr. Roberts is widely recognized for his successful use of alternate dispute resolution, having successfully resolved virtually every type of construction dispute.

Power Plant Construction
Mr. Roberts has been involved in all elements of power plant construction and technology, including low NOx burners, heat recovery steam generators ("HRSGs"), selective catalyst reduction ("SCR"), precipitators, nuclear waste disposal and storage, coal handling systems, steam generators, gas and steam turbines, boilers, control systems and other operational and environmental equipment. Mr. Roberts' range of services, from preparing contracts to the monitoring of over twenty major power/industrial/commercial projects to the numerous mediations/arbitrations and negotiations over such projects, has given Mr. Roberts a rare combination of technical and commercial insight into such technology that is useful in every aspect of his practice.

Project Controls
Mr. Roberts has provided project controls advice and monitoring of ongoing projects on over 20 major energy, industrial and commercial projects, ranging from newly built projects to plant expansions during limited outages. Mr. Roberts' project controls engagements typically involve providing clients with realistic opinions of scheduling and cost issues, an objective appraisal of critical project issues, and resolution of disputes before they can impact ongoing work.

Mr. Roberts has monitored construction related and nuclear power plant litigation involving excess insurance and reinsurance issues. He has participated in numerous construction claims and other construction related disputes on behalf of insurance carriers as well as represented carriers on policy coverage issues. Mr. Roberts also has extensive experience in government contract litigation including representing a contractor in a state debarment proceeding, and government contract litigation involving the Corps of Engineers, TVA, and various State Departments of Transportation.

Corporate Governance
Mr. Roberts is on the board of T.D. Williamson Inc. (a world leader in both onshore and offshore pipeline equipment and services); a standing Committee Member of the American Bar Association/Tort Trial & Insurance Practice Section Corporate Governance Task Force and has presented to numerous corporate boards on the issue of data fidelity and the status of major capital improvements.

Publications

"Mediating the Evaluative-Facilitative Debate: Why Both Parties are Wrong and a Proposal for Settlement," 39 Loyola University Chicago Law Journal 187 (2007)

 

"Recent Developments in Corporate Counsel Law," Tort Trial & Insurance Practice Law Journal (Winter 2005)

 

"Effective Use of Design-Build on State and Local Government Projects," Design/Build for the Public Sector, Chapter 5, Aspen Publishers (January 2003)

 

"Building Harmony into Partnering," Constructech (April 2000)

 

"Design-Build — The Single Entity Option," Independent Energy (January/February 1997)

 

"Design-Build Contracts Under State and Local Procurement Laws," (Co-author) Public Contract Law Journal, Vol. 25, No. 4 (1996)

 

"Annual Survey of Excess, Surplus Lines and Reinsurance Law," (Co-author) Tort & Insurance Law Journal, Vol. 31, No. 2 (Winter 1996)

 

"Ask the Attorney Before Your Partner," Professional Services Management Journal, Vol. 20, No. 2 (February 1993)

 

"Use a Facilitator," Professional Services Management Journal, Vol. 20, No. 2 (February 1993)

 

"Partnering: Prescriptions for Success," Construction Litigation Reporter, Vol. 13, No. 11 (November 1992)

 

"The Davis-Bacon Act, Another Setback for Labor: Building and Construction Trades Dept., AFL-CIO v. Donovan," Journal of Corporation Law, Vol. 10:1 (1984). Reprinted by Westlaw: Yearbook of Procurement Articles, Vol. 22 (1985) and Yearbook of Construction Articles, Vol. 4 (1985).

 

Speeches and Presentations

"U.S./Canadian Cross Border Issues in Construction Law," (Panelist) Resolving Construction Law Issues Across the 49th Parallel, JAMS/Canadian College of Construction Attorneys, Chicago, Ill. (May 28, 2009)

"IAM Plays Broadway," (Panelist) International Academy of Mediators' 2009 Spring Conference (April 2009)

"Diversity in the Boardroom," (Co-Moderator) Beyond Legal: A Business Approach to Corporate Governance, American Bar Association (May 2008)

"Mediation Advocacy: Advanced Techniques and New Developments," (Panelist) American Bar Association Litigation Section Annual Conference (April 2008)

"Construction of a Wind Energy Project: Practical Problems and Solutions," (Moderator) Innovations in Regulated Industries Conference, American Bar Association (April 2008)

"Gold Standard Commercial Mediation: Joining Ethical Practice With Practical Results,"  (Presenter) American Bar Association's Section of Dispute Resolution 2007 Spring Conference (April 2007)

 

"Bad Data — Bad Decisions — The Adequacy and Accuracy of Information Flow to the Board," (Moderator) Corporate Governance Institute Program, American Bar Association (May 2006)

 

"Mediating the Bet Your Company Case," (Moderator) American Bar Association's Annual Meeting Program (August 2005)

 

"Risk Shifting in Government Construction Contracts: Highway to the Future or a One-Way Street?" (Chair) American Bar Association, Public Contract Law Section (July 2000)

 

Awards and Honors

Illinois Super Lawyers, Construction/Surety

Leading Lawyer — Construction Law; ADR Law: Commercial Real Estate, Environmental and Construction, Illinois Leading Lawyers Network

Leading Lawyer — Construction, Chambers USA — America's Leading Lawyers for Business

The Best Lawyers in America, Alternative Dispute Resolution

Who's Who Legal — Illinois, Construction

500 New Stars, Lawdragon

Best Lawyers in America, Alternative Dispute Resolution, Construction

PLC Which Lawyer? — Chicago — Construction Lawyer

The Legal 500 U.S. — Construction

Education

Teaching Appointments

Adjunct Professor, Northwestern University, Department of Civil Engineering (2008)
"Project Finance"

Guest Lecturer, Northwestern University School of Law (2008)
"Mediation Advocacy"

Guest Lecturer, Loyola University Chicago Law School (2006-2009)
"Mediation Advocacy"

Instructor, University of Iowa, College of Business (1984-1985)
"Introduction to Business Law"

Professional Memberships

Society of Illinois Construction Attorneys

Society of American Military Engineers
Industrial Affairs Committee
          Partnering Subcommittee

American Bar Association
Section of Public Contract Law
          Construction Division
                     Vice Chair 
Forum on the Construction Industry
Section of Dispute Resolution
          CLE Committee
Section of Litigation
          Corporate Counsel Committee
                    Past Chair
Tort Trial & Insurance Practice Section
          Committee on Excess, Surplus Lines and Reinsurance
                    Past Chair
          Task Force on Corporate Governance
          Long-Range Planning Committee

Corporate Counsel Institute
Standing Member

Illinois State Bar Association

Chicago Bar Association
Alternative Dispute Resolution Committee
          Vice Chair

Missouri Bar Association