Kenneth M. Roberts
Partner, Executive Committee Member
Kenneth M. Roberts concentrates his practice in representing owners, architects/engineers (A/Es) and contractors in the field of construction law, including:
- Contracting/procurement
- Dispute resolution
- Insurance issues impacting owners on construction projects
Mr. Roberts has a national/international practice, with matters in Brazil, Canada, Texas, New Jersey, Nevada, Massachusetts, Maryland, Alaska, Florida, Illinois, Indiana and Ohio.
Contract Negotiations/Form Contracts
Mr. Roberts represents owners, A/Es and contractors in creating contract forms (consulting services-materials-professional services), as well as project specific contracts (engineering, procurement and construction/multi-prime/design-build). Mr. Roberts and his team typically negotiate/consult two to three contracts per week on behalf of owners and A/Es.
Project Controls
The owner's ability to meet schedule and budget is paramount to a successful project. Mr. Roberts and his team provide project controls (tracking budget and schedule) for owners and A/Es on a national basis and work daily with the owner's project managers at the construction site.
Mr. Roberts' expertise in tracking large and complex construction projects' progress is confirmed by his selection by owners and governmental agencies as their independent "eyes and ears" for monitoring budget and schedule of ongoing work.
Alternative Dispute Resolution
Mr. Roberts and his team have averaged three to four mediations per year. He works with nationally recognized mediators to resolve disputes quickly and cost-effectively.
Over the past decade, Mr. Roberts and his team have mediated more than 20 high-profile cases representing more than $1 billion in disputes. All of those cases settled prior to trial based on the ADR/mediation process.
Construction Litigation
Mr. Roberts has litigated construction disputes in state and federal courts in Illinois, Indiana, New Jersey, Ohio, Pennsylvania, Texas, Utah and Washington. He has a proven track record in defending and prosecuting claims on behalf of owners and A/Es (design malpractice, change orders, acceleration, delay and performance claims) in a cost-effective manner.
Publications
"Mediating the Evaluative-Facilitative Debate: Why Both Parties are Wrong and a Proposal for Settlement," 39 Loyola University Chicago Law Journal 187 (2007)
"Designer-Led Design-Build: Advantages and Drawbacks"
"Effective Use of Design-Build on State and Local Government Projects," Design/Build for the Public Sector, Chapter 5, Aspen Publishers (January 2003)
"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
"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
AV Peer Review Rated, Martindale-Hubbell
Education
University of Chicago Graduate School of Business Management Institute
(post-graduate studies,
2007)
Northwestern University Kellogg School of Management
(post-graduate studies,
1999-2000)
University of Iowa College of Law
(J.D., with distinction,
1985)
University of Iowa
(B.G.S., Business, Political Science, Rhetorical Studies, with honors,
1982)
Teaching Appointments
Guest Lecturer, Northwestern University School of Law (2006)
"Mediation Advocacy"
Guest Lecturer, Loyola University Chicago Law School (2006)
"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
