David L. Simmons, Attorney | Construction Law | Drewry Simmons Vornehm LLP: Indianapolis Law Firm

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David L. Simmons dsimmons@dsvlaw.com| 317.580.4848

Legal Assistant: Roxanne Kogler - rkogler@dsvlaw.com

Practice Areas: Construction Law & Litigation; Commercial Law & Litigation; Creditors’ Rights & Remedies; Business Entities & Transactions

Education: Indiana University-Bloomington, B.A., 1975; Kelley School of Business, Indiana University, Master of Business Administration, 1977; Indiana University School of Law-Indianapolis, J.D., 1980
Bar Admissions: Indiana Supreme Court, 1980; United States District Court, Southern District of Indiana, 1980; United States Court of Appeals, Seventh Circuit, 1983; United States Supreme Court, 1984; United States District Court, Northern District of Indiana, 2009

David L. Simmons is an attorney at Drewry Simmons Vornehm, LLP, where he practices Construction Law, Public Contract Law, Commercial Law, Creditors’ Rights & Remedies, and Business Entities & Transactions. With over twenty attorneys practicing in construction law, Drewry Simmons Vornehm, LLP is recognized as one of the most experienced and preeminent construction law firms in Indiana and throughout the Midwest. Mr. Simmons earned his B.A. from Indiana University, his J.D. from the Indiana University School of Law – Indianapolis, and his M.B.A. from the Indiana University Kelley School of Business. He was admitted to the Indiana bar in 1980.

Mr. Simmons is a frequent author and lecturer on construction law topics and is recognized as a leader in the construction law field. Further, he was an Associate Faculty Member in the Department of Construction Technology at Indiana University-Purdue University Indianapolis. During his career he has represented numerous clients in a myriad of construction law matters.

Instructor: Associate Faculty Member, Department of Construction Technology, Indiana University-Purdue University Indianapolis; Supervisory Training Program, Associated General Contractors Education and Research Foundation; Indiana Department of Commerce Procurement Workshop
Boards: Member, Board of Directors, Electric League of Indiana, Inc.; Member, Executive Council, Construction & Surety Law Section, Indiana State Bar Association
Presentations and Publications: Author & Lecturer, "Managing the Impact of Insolvency on the Construction Project", Indiana CPA Society 2010 Construction Conference; Author & Lecturer, "Managing the Risk of Insolvency for the Construction Financial Professional", Construction Financing Management Association 2010 National Conference & Exposition; Author & Lecturer, "Construction Lien Law in Indiana", Lorman Education Services (Lorman), 2008; Author & Lecturer, "Construction Claims and Contracts”, Construction Advancement Foundation, 2007; Author & Lecturer, "Managing Complex Construction Law Issues on School Projects in Indiana”, Indiana Continuing Legal Education Foundation, 2007; Author & Lecturer, "Managing Complex Construction Law Issues”, National Business Institute, 2007; Author & Lecturer, "Resolving Mechanics’ Lien Claims Against Real Property”, Half Moon Seminars, 2006; Author & Lecturer, "Managing the Risk of Insolvency on the Construction Project”, Indiana CPA Society, 2006; Author & Lecturer, "Current Trends for Business Owners”, Indiana Wholesalers Association, 2005; Author & Lecturer, "Owner Liability to Remote Claimants”, 2005; Author & Lecturer, "Indiana Construction Management Summit”, McGraw Hill/Dodge, 2004; Author & Lecturer, "Construction Payment Remedies”, National Business Institute, 2006, 2004, 2002, 1999 and 1997; Author & Lecturer, "Effective Construction Dispute Avoidance and Resolution in Indiana”, National Business Institute, 2004; Author & Lecturer, "Disregarding Business Entities in Indiana”, ICLEF, 2002; Author & Lecturer, "Construction Claims in Indiana”, Lorman, 2002, 2000 and 1997; Author & Lecturer, "Formation and Enforcement of Construction Supply Contracts”, Lorman, 2001; Author & Lecturer, "Litigating Mechanics’ Lien, Public Works and Bond Claims”, Lorman, 2001; Author & Lecturer, "Indiana Public Contracting”, Indiana Department of Commerce Procurement Workshop, 2000; Author & Lecturer, "Procurement and Purchasing Law in the Construction Industry”, Lorman 2000; Author & Lecturer, "Creative Strategies for Project Completion and Litigation Avoidance”, Lorman, 1999; Author & Lecturer, "Advanced Construction Law”, National Business Institute, 2000, 1998; Author & Lecturer, "Contractual Relationships in Construction Contracting: An Overview of Expressed and Implied Terms in the Construction Industry”, National Business Institute, 1998; Instructor, Supervisory Training Program, Associated General Contractors Education and Research Foundation, 1997; Author & Lecturer, "The Mechanics Lien Remedy”, National Business Institute, 1997; Author & Lecturer, "State and Local Public Works Claims”, National Business Institute, 1997; Author & Lecturer, "Mechanic’s Liens and Related Claims”, ICLEF, 1994; Author & Lecturer, "General Coverage of the Mechanics Lien Remedy”, ICLEF, 1994; Author & Lecturer, "Strategies for Management of Business Collections”, Lorman, 1993; Author, "Construction Litigation: Representing the Contractor”, Wiley and Sons, 1992; Author, "Procedural Due Process in Post-Judgment Garnishment Proceedings”, 23 Indiana Law Review 221, 1990; Author, "Construction Litigation: Representing the Contractor”, Wiley and Sons, 1992, 1986
Memberships: Indianapolis Law Club; Indianapolis Bar Association; - Business Law Section; - Commercial & Bankruptcy Law Section; Indiana State Bar Association; - Bankruptcy & Creditors’ Rights Section; - Construction & Surety Law Section; - Business Law Section; - Indiana State Bar Foundation Fellow; Registered as a Civil Mediator with the Indiana Commission Registry of Approved Court Mediators; American Bar Association; - Construction Forum; - Litigation Section; - Public Contract Member; - Construction Litigation Committee; Commercial Law League of America (Creditors’ Rights Section)
Pro Bono Participation: Heartland Pro Bono Council, Inc.; IBA Hospice Program; IBA Homeless Project
Representative Cases and Experience: Represented municipal owner constructing library project against prime contractor in litigation over claims for delays, disputed change order claims, breach of specifications warranty, and breach of contract.; Represented contractor constructing wastewater treatment plant in litigation against municipal owner over claims for change orders, breach of contract, and wrongful termination.; Represented contractor performing cast in place building superstructure work on multi-story medical center project in litigation against owner over claims for delays, defective specifications, extra work, breach of contract, and wrongful termination.; Represented material supplier furnishing electrical components for the construction of automotive manufacturing facilities throughout five states in litigation against owner, contractor, and surety over claims for mechanics’ lien foreclosure, enforcement of retainage liens, and recovery of damages under construction payment bond.; Represented industrial owner in arbitration against architect over claims for negligent design and specification of improper materials for installation in ground water table.; Represented contractor constructing processing line facility on steel manufacturing project in litigation against owner over claims for breach of contract, delays and impacts, unjust enrichment, foreclosure of mechanics’ lien claim, and the defense of claims asserted by subcontractor.; Represented contractor constructing special bar quality steel manufacturing facility in litigation against subcontractor over claims for breach of subcontract and defective workmanship.; Represented mechanical contractor constructing residuals management facility at municipal wastewater treatment plant in litigation against municipal owner over claims for delay, hindrance, impact, and interference with construction schedule.; Represented municipal owner constructing mechanical and fire protection improvements to historical building project in litigation against prime contractor and subcontractor over claims for defective and negligent construction services that damaged fluid coolers and cooling system.; Represented contractor constructing electrical improvements on automotive machining and forge plant in litigation against owner over claims for additional and extra work change orders, breach of contract, and enforcement of mechanics lien claim.; Represented owner of steel manufacturing projectin litigation against insurer who denied coverage for indemnity and defense relating to building collapse and resulting damage to project caused by negligent contractor.; Represented bidder on airport project in dispute over requirements of bid package and responsiveness of business diversity requirements of bids submitted by competitors.; Represented mechanical contractor constructing chilled water plant replacement project in litigation against state agency over claims for recovery of change orders, cardinal changes, defective specifications, and breach of contract.; Represented contractor constructing sewer system on wastewater disposal project in litigation against regional sewer district over claims for acceleration, delay, defective specifications and breach of contract.; Represented industrial owner constructing manufacturing facilities in litigation against prime contractor over claims for breach of contract, indemnity, and fraud, and against multiple subcontractors filing mechanics lien claims against project.; Represented contractor performing trenching and conduit installation under streets and roadways in litigation against owner over claims for breach of contract, enforcement of mechanics lien, enforcement of personal liability claims, change order claims, and delays.; Represented paving contractor constructing improvements on school project in litigation against metropolitan school district and surety over claims for payment, enforcement of surety claims, and change orders.; Represented mechanical contractor in litigation against developer of multi-use residential and commercial town center project over claims for change orders, constructive changes, delays and impacts, breach of contract, and mechanics lien claim.; Represented sheet metal contractor constructing custom wall radiations in litigation against state agency, surety and construction manager over claims for change orders, delays, breach of contract, payment, and enforcement of bond claim.; Represented steel fabricator constructing materials for installation on Boston Big Dig Tunnel Project in dispute over claims for delays, acceleration, impact, escalation of raw material costs, breach of contract, change order claims, and commercial insecurity.; Represented contractor constructing improvements on advanced wastewater treatment plant in litigation against municipal owner over claims for change orders, breach of contract, payment, and enforcement of surety claim.; Represented class of 12 subcontractors on commercial retail project in litigation against developer over claims for quantum merit, unjust enrichment, third party beneficiary and promissory estoppel.; Represented contractor constructing roofing improvements on industrial food processing facility in litigation against owner over claims for breach of specifications warranty, breach of contract, change order claims, and acceleration.; Represented contractor engaged in construction of automotive manufacturing facility in litigation against insurer who denied coverage for indemnity and defense relating to building collapse and resulting damage to project caused by negligent subcontractor.; Represented contractor engaged in electrical construction of bulk handling system on steel processing facility in litigation over claims for breach of contract, change orders, delays, and mechanics lien foreclosure.; Representing contractor engaged in construction of excavation, pre-cast concrete manholes, conduit, backfill, and asphalt and concrete construction on manufacturing facility in litigation against owner over claims for breach of contract, change orders, delays, and mechanics lien foreclosure.; Represented contractor engaged in exposed conduit and cable pull terminations on carbon steel producer facility in litigation against owner over claims for breach of contract, change orders, and delays.; Represented subcontractor constructing improvements on veterans administration project in litigation against surety over claims pursuant to 40 USC §270(b) the Miller Act, and against contractor over claims for payment and breach of contract.; Represented contractor constructing residential development of 18 homes in litigation by owners against claims of defective materials, workmanship, and warranty giving rise to water intrusion, mold, and related property damage.; Represented general contractor in litigation against competitor who misappropriated confidential and proprietary design information for violations of Copyright Act, 17 U.S.C. §101, et seq; the Lanham Trademark Act, 15 U.S.C. §§1125, et seq., the Uniform Trade Secrets Act as adopted by Indiana, and other federal and state common law doctrines.; Represented general contractor in litigation against former employee to recover damages for commercial disparagement, defamation per se and defamation per quod.; Represented professional engineer against competitor who engaged in unlawful copying, unauthorized use, and misappropriation of work project in violation of the Copyright Act, 17 U.S.C. §101, et seq; the Lanham Trademark Act, 15 U.S.C. §§1125, et seq., the Uniform Trade Secrets Act as adopted by Indiana, and other federal and state common law doctrines.; Represented construction trade association and officers in litigation commenced by state authority alleging (1) negligence and breach of fiduciary duty with respect to health insurance trust; (2) negligence and statutory claims for the sale of unregistered insurance; and (3) professional negligence.; Represented mechanical contractor bidding on school project in a dispute with vendors over discriminatory equipment prices and restraint of trade, and violations of Indiana public purchasing laws, the Robinson-Patman Act, and state and federal anti-trust laws.; Represented contractor engaged in construction supply business in litigation against third party contractor over claims for forgery of joint-payee checks and conversion of construction funds.
Representative Construction Clients: Represented supplier of concrete and masonry accessory materials with respect to construction disputes, payment claims, secured transactions, creditors’ rights and commercial litigation, labor and employment disputes, business entity creation, corporate recordkeeping, real estate transactions, shareholder transactions, succession planning, insurance claims and coverage review, licensing and qualification issues, sales tax issues, and lease negotiations.; Represented contractor engaged in paving, bridge construction and site development with respect to construction disputes, payment claims, secured transactions, creditors’ rights and commercial litigation, labor and employment disputes, insurance claims and coverage review.; Represented supplier of roofing, siding, and accessory materials with respect to construction disputes, payment claims, secured transactions, creditors’ rights and commercial litigation, labor and employment disputes, business entity creation, corporate recordkeeping, real estate transactions, shareholder transactions, succession planning, insurance claims and coverage review, licensing and qualification issues, sales tax issues, and lease negotiations.; Represented fabricator of non-ferrous welded and mechanical railings with respect to construction disputes, payment claims, secured transactions, creditors’ rights and commercial litigation, labor and employment disputes, business entity creation, corporate recordkeeping, real estate transactions, shareholder transactions, succession planning, insurance claims and coverage review, licensing and qualification issues, sales tax issues, and lease negotiations.; Represented contractor engaged in religious facilities construction with respect to construction disputes, payment claims, secured transactions, creditors’ rights and commercial litigation, labor and employment disputes, corporate recordkeeping, real estate transactions, shareholder transactions, insurance claims and coverage review, and licensing and qualification issues.; Represented asbestos abatement contractor with respect to construction disputes, payment claims, secured transactions, creditors’ rights and commercial litigation, labor and employment disputes, business entity creation, corporate recordkeeping, real estate transactions, shareholder transactions, succession planning, insurance claims and coverage review, licensing and qualification issues, sales tax issues, and lease negotiations.; Represented manufacturer and contractor of custom sheet metal products with respect to construction disputes, payment claims, secured transactions, creditors’ rights and commercial litigation, labor and employment disputes, business entity creation, corporate recordkeeping, real estate transactions, shareholder transactions, succession planning, insurance claims and coverage review, licensing and qualification issues, sales tax issues, and lease negotiations.; Represented contractor engaged in institutional, industrial, commercial, and utility electrical construction with respect to construction disputes, payment claims, and creditors’ rights and commercial litigation.; Represented contractor engaged in residential and multi-family unit construction with respect to construction disputes, payment claims, secured transactions, creditors’ rights and commercial litigation.; Represented contractor engaged in mechanical construction with respect to construction disputes, payment claims, secured transactions, creditors’ rights and commercial litigation, labor and employment disputes, business entity creation, corporate recordkeeping, real estate transactions, shareholder transactions, succession planning, insurance claims and coverage review, licensing and qualification issues, sales tax issues, and lease negotiations.; Represented manufacturer of custom architectural building products for the commercial, industrial and institutional construction markets with respect to construction disputes, payment claims, secured transactions, creditors’ rights and commercial litigation.; Represented supplier of custom and stock cabinetry, appliances, countertops, decorative hardware with respect to construction disputes, payment claims, secured transactions, creditors’ rights and commercial litigation, labor and employment disputes, business entity creation, corporate recordkeeping, real estate transactions, shareholder transactions, succession planning, insurance claims and coverage review, licensing and qualification issues, sales tax issues, and lease negotiations.; Represented construction trade association and its internet plan room information network with respect to fiduciary obligations, nonprofit entity requirements, corporate recordkeeping, real estate transactions, lease negotiations, insurance claims and coverage review, and director meetings.; Represented insulation contractors trade association with respect to fiduciary obligations, nonprofit entity requirements, corporate recordkeeping, real estate transactions, lease negotiations, insurance claims and coverage review, and director meetings.; Represented supplier of electrical parts and components with respect to construction disputes, payment claims, secured transactions, creditors’ rights and commercial litigation.; Represented contractor engaged in concrete construction with respect to construction disputes, payment claims, secured transactions, creditors’ rights and commercial litigation.
Representative Business Transactions & Clients: Represented Indiana limited liability company organized with the intention of developing, owning and operating a dry mill ethanol plant in north central Indiana to produce fuel grade ethanol and distillers grains utilizing a 100 million gallon natural gas powered plant. Representation included business entity creation, corporate recordkeeping, real estate transactions, member transactions, SB-2 filing, landfill agreement, railroad consultation agreement, project management agreement and letter of intent with construction manager.; Represented Indiana limited liability company engaged in the development of dry mill ethanol plant in north central Indiana in merger transaction with Delaware limited liability company engaged in the development of ethanol production facilities throughout the United States, and its wholly owned subsidiary, also an Indiana limited liability company. Representation included negotiation of merger agreement, preparation of disclosure schedules, review of private placement memorandum, review of confidentiality and noncompetition agreements, and finalization of corporate records.; Represented Indiana limited liability company engaged in the development of ethanol production facilities in Michigan in dispute between members and directors over control of entity, issuance of member units, construction of operating agreement, and breach of development contract.; Represented manufacturer of fiber optic cable in perfecting public utility mortgages in right of way easements throughout fourteen counties and security interests in fixtures to secure purchase of materials and payment of contract moneys.; Represented Indiana corporation engaged in business of distributing metal and wood doors and frames, architectural hardware and related products in sale of company stock, including negotiation of stock purchase agreement, preparation of disclosure schedules, confidentiality and noncompete agreements, employment agreements, and corporate authority documents.; Represented Indiana corporation engaged in business of manufacturing electrical components in sale of company assets, including negotiation of buy-sell agreement, preparation of disclosure schedules, employment agreements, confidentiality and noncompete agreements, and corporate authority documents.; Represented Indiana corporation engaged in business of heating, ventilation, and air conditioning in sale of company stock, including negotiation of stock purchase agreement, preparation of disclosure schedules, employment agreements, confidentiality and noncompete agreements, and corporate authority documents.; Represented Indiana corporation engaged in business of steel fabricating in sale of company assets, including negotiation of buy-sell agreement, preparation of disclosure schedules, employment agreements, confidentiality and noncompete agreements, and corporate authority documents.; Represented Indiana corporation engaged in fabricating and distributing engineered doors and frames, architectural hardware and related products in sale of company stock, including negotiation of stock purchase agreement, preparation of disclosure schedules, confidentiality and noncompete agreements, employment agreements, and corporate authority documents.; Represented Indiana corporation engaged in business of plumbing, heating, and air conditioning in sale of company stock, including negotiation of stock purchase agreement, preparation of disclosure schedules, employment agreements, confidentiality and noncompete agreements, and corporate authority documents.