Ken concentrates his practice in the field of construction law, project controls and procurement contracts. He is consulted on a daily and ongoing basis by procurement and risk management departments concerning every aspect of planned or ongoing construction projects. He engages in a range of services from preparation 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.
By combining his skills as a litigator/advocate with his transactional experience, Ken provides clients with a set of unique services designed to suit their business needs. He has authored the standard forms for service and commercial contracts utilized by numerous companies and has also advised owners during contract negotiations and major procurements. He and his team have negotiated more than $35 billion in major procurement contracts over the past several years.
Alternative Dispute Resolution
U.S. News rated the Schiff Hardin Construction Law Group as the #1 Construction Litigation firm in 2011. Ken 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. He has sat on and chaired several dispute resolution boards involving projects ranging in size up to $1 billion.
Ken is widely recognized for his successful use of alternate dispute resolution, having successfully resolved virtually every type of construction dispute. He and his team typically mediate 15-20 times per year as part of their Project Controls practice – generally relating to issues that have not reached litigation.
Ken lectures on ADR issues at Loyola Law School and teaches a graduate level course at Northwestern University’s Civil Engineering School that includes ADR for Engineers.
He and the Schiff Hardin Construction Law Group were recently selected in a nationwide selection process to represent the City of Kansas in a multimillion dollar construction dispute.
Power Plant Construction
Ken has been involved in all elements of power plant construction and technology, including low N0x burners, heat recovery steam generators (“HRSG’s”), 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. His range of services — from preparing contracts to the monitoring of over 20 major power/industrial/commercial projects to the numerous mediations/arbitrations and negotiations over such projects — has given him a rare combination of technical and commercial insight that is useful in every aspect of his practice.
Ken has provided project controls advice and project monitoring on more than 20 major energy, industrial, and commercial projects, ranging from newly built projects to plant expansions during limited outages. His 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.
Ken 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. He 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.
Ken was on the board of T.D. Williamson Inc., a world leader in both onshore and offshore pipeline equipment and services from 2009 until 2014. He is also a standing committee member of the American Bar Association/Tort Trial & Insurance Practice Section Corporate Governance Task Force, and he has presented to numerous corporate boards on the issue of data fidelity and the status of major capital improvements.