Brian A. Veeneman

REPRESENTATIVE MATTERS

Construction Contracts

• Represented a large urban utility in drafting a new Progressive Design-Build contract for the use on a combined four projects that total approximately $100 million.  The intent was for this document to also become a future standard use document for the municipality.  This representation also included assisting with the issuance of a significant RFP and assisting with contract negotiations with the Design-Builder.
• Drafted and negotiated all construction contracts (approximately 35) on behalf of a Midwestern regional hospital system for a $300+ million new hospital campus, including a connecting developer-owned medical office building.
• Created a portfolio of custom contracts for a regional hospital system’s standard use on all system construction projects.
• Represented an owner in all aspects of design and construction of a new high profile headquarters project, including planning, contracting, and project operations and disputes.  This matter included drafting and negotiating an $85 million contract engaging a Construction Manager using a cost plus a fee with a guaranteed maximum price (GMP) contract.
• Represented numerous owners, contractors, subcontractors, architects, and engineers for contract drafting and negotiations, including for alternative project delivery methods such as design-build, progressive design-build, GMGC, and P3.

Construction Dispute Resolution (Mediation, Arbitration, Litigation, Appeals)

• Represented an auto part manufacturer and supplier related to the design and construction of their new $35 million production facility, assisting them in resolving significant claims associated with cost overruns, completion delay, and liquidation damages.
• Successfully guided a hospital owner through claims and disputes with a construction manager for defective work and delay damages totaling $25 million to a negotiated resolution, 80% in favor of owner.
• Successfully represented a local government in collecting damages related to the defective installation of sewer lines.
• Represented contractors on various public education (elementary, secondary, and post-secondary) facility projects throughout the state of Kentucky related to alleged defects and payment claims.
• Represented Jefferson County Board of Education related to contractor claims and liens on school facility projects.
• Represent an owner of a Kentucky landfill pursuing a claim for approximately $1M in damages related to project delay.
• Represented a publicly traded company on a warehouse facility project by successfully terminating a general contractor for breach of contract related to delay and defective work, as well as defending a mechanics’ lien filed by a subcontractor.
• Represented a health sciences affiliate of the University of Louisville on a $75 million capital project to successfully resolve disputes related to defective work by an elevator subcontractor, significant delays and defective work by a cabinetry subcontractor, and mechanics’ liens filed by a subcontractor.
• Represented a Construction Manager in a dispute with a public school system on a new elementary school.  The dispute with the school was negotiated to a successful resolution and related claims against subcontractors were litigated.
• Represent a manufacturing and warehousing company whose facility was repaired following a fire.  We are defending a mechanics’ lien filed by a subcontractor for $700 thousand, despite executing lien waivers during the project, and pursuing claims to require indemnification by the out of state construction manager.
• Represent an industrial park owner related to claims of defective construction related to an office park lake that won’t hold water.
• Successfully enforced and defended numerous contract, lien, and bond claims for outstanding contract balances.