Ken represents architects, engineers, business owners and contractors in various construction disputes, including claims for defective specifications and designs, claim delays, cost overruns, interference, obstruction of site access, property damage and suspension of work. Recognized by his peers as a leader in the construction industry, he has substantial experience in related civil litigation, arbitration and mediation.
Ken has provided commentary on legal trends for design professional liability for the International Risk Management Institute Website since May 2000.
Awards & Recognitions
· The Best Lawyers in America, Litigation-Construction, 2005-2012; Construction Lawyer of the Year, 2011
· Missouri & Kansas Super Lawyers, Construction Litigation Law, 2007-2011; Top 100, 2009; Top 50 in St. Louis, 2009-2010
· Strathmore's Who's Who in American Law
Professional Associations & Memberships
· American Bar Association, Torts & Insurance Practice; Construction Litigation Committee; Forum on the Construction Industry, Steering Committee
· Defense Research Institute and Trial Lawyers Association, Construction Law Committee, Chair, 1997-1999
· The Missouri Bar, Construction Law Committee, Chair, 1997-1999
· Missouri Organization of Defense Lawyers
· St. Louis Council of Construction Consumers, Committee on Adversarial Relations
Experience
· Represented a professional engineering firm in suit by multiple home owners alleged property damage due to flooding during reconstruction of an interstate highway
· Represented assisted living facility against sub-contractor's suit regarding alleging delay and impact damages
· Represented Schafer Kline & Warren Engineers and won suit for more than $100 million against property owners alleging water and air pollution Vernon Hanes, et al. v. Continental Grain Company, et al. St. Louis City Circuit Court (Mo. 1999)
· Represented architects Hellmuth, Obata & Kassabaum in this claim for $3.89 million by a construction manager's contract with the owner. The trial judgment was reversed outright by the Eastern District, Missouri Court of Appeals. This is the first Missouri case to articulate the doctrine applicable to claims against design professionals by contractors. Fleischer-Seger Construction v. Hellmuth, Obata & Kassabaum St. Louis City Circuit Court (Mo. 1991)
· Represented A.A. Matthews (part of CRSS) in the lawsuit filed by a caissons contractor for cooling towers on a TVA project. The claim was for roughly $3.7 million. At the trial level, the court dismissed the case for failure to state a claim at close of plaintiff's case. The ruling was reversed and remanded by the Missouri Supreme Court. The case settled prior to retrial for approximately $150,000. Murphy v. A.A. Matthews St. Louis City Circuit Court (Mo. 1997)
· Established the economic loss doctrine in Missouri. Fleischer-Seger Construction v. Hellmuth, Obata & Kassabaum, 870 S.W.2d 832 (Mo.App.E.D. 1993)
· Established a cause of action for the negligent provision of expert engineering witness services. Murphy v. A.A. Matthews 841 S.W.2d 671 (Mo. 1999)
· Addressed and established the constitutionality of the Missouri Statute of Repose related to construction projects. Blaske v. Smith & Entzeroth, Inc. et al. 821 S.W.2d 822 (Mo. 1991)
News & Publications
News
10.19.11, Super Lawyers 2011 Names 71 Husch Blackwell Attorneys from Missouri and Nebraska; an Additional 15 Listed as Rising Stars
9.6.11, More Than 100 Husch Blackwell Attorneys Named to Best Lawyers 2012
10.28.10, Six Husch Blackwell Attorneys Named Best Lawyers 2011 Lawyers of the Year
10.13.10, Missouri & Kansas Super Lawyers 2010 Names 64 Husch Blackwell Attorneys; An Additional 20 Listed as Rising Stars
10.22.09, Missouri & Kansas Super Lawyers 2009 Names 73 Husch Blackwell Sanders Attorneys
Publications
5.1.11, Illinois Supreme Court Rejects an Expert Witness's Expanded Duty of Care, IRMI.com
10.1.04, Liability of Design Professionals, Missouri Bar Continuing Legal Education Deskbook
10.1.94, Alternative Dispute Resolution, Mediation and Partnering, Chapter 13, Missouri Bar Continuing Legal Education Deskbook, Missouri Construction Law
9.1.94, Missouri Does Not Allow Engineer to Testify as to the Standard of Care for Architects, Construct!, Committee on Construction Litigation, American Bar Association
4.1.94, Economic Loss Doctrine Recognized in Missouri, Construct!, Committee on Construction Litigation, American Bar Association
Events
9.16.09, Dispute Resolution Strategies, Reduce the Risk Drag Seminar
St. Louis, MO
Speaking Engagement
4.29.08, Building Green: Green or Sustainable Construction in Missouri
St. Louis, MO
Speaking Engagement
4.1.05, Staying on the Straight and Narrow: A Look at Selected Roles of the Design Professional During Construction Administration, American Council of Engineering Companies Annual Convention
Speaking Engagement
9.1.04, Best Practices in Complex Construction Arbitration, Construction Arbitration Seminar, American Arbitration Association
Speaking Engagement
9.1.04, Contractual Issues and E&O Insurance, Missouri Society of Professional Surveyors 47th Annual Meeting
Speaking Engagement
6.1.04, The Anatomy of a Construction Contract, Presented by the Missouri Bar Association, Associated General Contractors of St. Louis, AIA Kansas City Chapter, American Subcontractors Association, American Society of Estimating Engineers and the Associated Builders and Contractors, Inc. Heart of America Chapter
Speaking Engagement
9.1.01, Best Practices in Complex Construction Arbitration, Construction Arbitration Seminar, American Arbitration Association
Speaking Engagement