Michael F. Drewry, Attorney | Construction Law | Drewry Simmons Vornehm LLP: Indianapolis Law Firm

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Michael F. Drewry mdrewry@dsvlaw.com| 317.580.4848

Legal Assistant: Roxanne Kogler - rkogler@dsvlaw.com

Practice Areas: Construction Law and Litigation; Public Contract Law; Surety Law

Education: Purdue University, B.A., with highest distinction, 1974; - Phi Beta Kappa, Phi Alpha Theta Honorary; University of Minnesota, M.A., 1975; - Bush Foundation Fellow, 1974-1975 and 1975-1976; Indiana University School of Law-Indianapolis, J.D., magna cum laude, 1979; - Indiana Bar Foundation Scholar, 1979
Bar Admissions: Indiana Supreme Court, 1979; United States District Court, Southern District of Indiana, 1979; United States District Court, Northern District of Indiana, 2000; Practice in multiple federal districts and state courts on case-by-case basis

Presentations and Publications: Chapter Contributor, "The Annotated Construction Law Glossary," (ABA Forum on the Construction Industry), 2010; Chapter Co-Author, "A Comparison of Standard Forms: The Design-Builder – A/E Contract," The Design-Build Deskbook, 4th Edition (ABA Forum on the Construction Industry), 2010; Author, "Downstream Allocation of Concurrent Delay Damages," (Co-Author withDaniel M. Drewry), Under Construct, Newsletter of the ABA Forum on the Construction, in Three Part Series: December 2007; March 2008 and June 2008; Presenter, "Building Information Modeling – What Are the Liability Risks," Construction Advancement Foundation, 2010; Presenter and Moderator, "Building Information Modeling," Indiana Construction Association, 2010; Presenter, "Mechanic's Liens & Claims Against Bonded Construction Projects," Indiana Continuing Legal Education Forum, 2010; Presenter, "The Construction Contract – Protections and Pitfalls," Construction Advancement Foundation, 2010; Presenter, "Liability for Site Safety: Responsibilities & Risks," 2010 Indiana Safety and Health Conference & Expo (American Society of Safety Engineers); Presenter, "Construction Manager at Risk: What is it and How Does it Differ from Agency CM," Construction Management Association of America, Inc. (CMAA) – Indiana Chapter, 2010; Author, "How to Save Taxpayer Money on Public Construction Projects, Indiana Municipal Lawyers Association (IMLA), 2009; Presenter, "Role of Design Build in the Emerging World of Collaborative Project Delivery", Design Build Institute of America (DBIA), 2009; Presenter, "Continued Emergence of BIM in the Construction Industry"(DBIA), 2009; Presenter, "Construction Management at Risk" (ABA/CLE), 2009; Presenter, "The Continued Emergence of BIM in the Construction Industry" Associated Builders and Contractors (ABC), 2009; Presenter, "Liability For Site Safety: Responsibilities & Risks Metropolitan Indianapolis Coalition for Construction Safety" (MICCS), 2009; Presenter, "The New Consensus and AIA Documents" (ABC), 2009; Author, DSV Special Newsletter through DBIA, Great Lakes Region, "The Design-Build Bridging Method in Three Part Series," January 2008, February 2008 and March 2008; Chapter Author, "Indiana Lien Law", CPI Lienlaw-Online.com, Construction Publications, Inc., 2001-2010; Seminar Chairman, "Construction Law Issues", Indiana Continuing Legal Education Forum (ICLEF), 2004; Seminar Chairman, "Construction Claims & Liabilities Revisited", ICLEF, 2001; Seminar Chairman, "Mechanic's Lien and Related Claims", ICLEF, 1994; Seminar Chairman, "Construction Law For The 90's", ICLEF, 1992; Author & Lecturer, "Developing Issues In Indiana Mechanic's Lien Law", ICLEF, 2007; Author & Lecturer, "Performance Problems for the Owner: Delays, Defective Work, Contract Defaults And Termination", ICLEF, 2004; Author & Lecturer, "Mechanic's Lien Formalities and Priorities - General Coverage of the Mechanic's Lien Remedy", ICLEF, 2003 and 2005; Author & Lecturer, "Vesting and Priorities Among Competing Liens", ICLEF, 2003 and 2005; Author & Lecturer, "Owner Personal Liability to Remote Claimants", ICLEF, 2003 and 2005; Author & Lecturer, "General Coverage of Lien Formalities & Priorities", ICLEF, 1999, 2003; Author & Lecturer, "Design Liabilities: Defective Plans and Specifications and Shop Drawing Risks", ICLEF, 2001; Author & Lecturer, "Construction Delay and Impact Claims", ICLEF, 2001; Author & Lecturer, "Mechanic's Liens", ICLEF, 2001; Author & Lecturer, "Mechanic's Lien Update-House Bill 1367", ICLEF, 1999; Author & Lecturer, "General Coverage of the Mechanic's Lien Remedy", ICLEF, 1990, 1994 and 1998; Author & Lecturer, "Acquiring and Perfecting Lien Rights," ICLEF, 1982, 1985 and 1987; Author & Lecturer, "Specifications, Changes and Changed Working Conditions," ICLEF, 1983; Author & Lecturer, "Indiana Construction Law (Field Changes, Differing Site Conditions, Job Delays and Delay/Impact Claims, Contractual and Statutory Payment Remedies, and Dispute Resolution)", National Business Institute (NBI), 2000, 2002, 2003 and 2004; Author & Lecturer, "Construction Payment Remedies", NBI, 2005; Author & Lecturer, "Managing Complex Construction Law Issues", NBI, 2005; Author & Lecturer, "Construction Law (Contract Changes, Differing Site Conditions, Delays, Surety Bonds and Payment Remedies)", NBI, 1987, 1988, 1990, 1991, and 1995; Author & Lecturer, "Understanding the New Generation of AIA Standard Contract Forms", Lorman Education Services ("Lorman"), 2009; Author & Lecturer, "Construction Lien Law", Lorman, 2008; Author & Lecturer, "The Evolution and Role of BIM in the Construction Process", Lorman, 2008; Author & Lecturer, "The Fundamentals of Construction Contracts," Lorman, 2008; Author & Lecturer, "Managing Construction Projects in Indiana", Lorman, 2006-2008; Author & Lecturer, "AIA Contracts", Lorman, 2004-2008; Author & Lecturer, "Public Contracts and Procurement Regulations in Indiana", Lorman, 2007-2008; Author & Lecturer, "Construction Delay Claims", Lorman, 2006; Author & Lecturer, "When Construction Projects Go Bad in Indiana", Lorman, 2006; Author & Lecturer, "Indiana Mechanic's Lien Law", Lorman, 2005; Author & Lecturer, "Creative Strategies for Project Completion and Litigation Avoidance", Lorman, 1999-2004; Author & Lecturer, "Construction Claims (Contract Disputes, Bid Mistakes, Defective Specifications, Field Performance Claims, Defective Work, Defaults and Payment Claims)", Lorman, 1999-2002; Author & Lecturer, "Construction Contracting For Public Entities in Indiana", Lorman, 1999 and 2001; Author & Lecturer, "Construction Issues", Lorman, 2001; Author & Lecturer, "Public Contracting Codes & Competitive Bidding", Lorman, 2001; Author & Lecturer, "Architect and Engineer Liability and Practice in Indiana", Lorman, 2000; Author & Lecturer, "Law For Design Professionals", Lorman, 1999-2001; Author & Lecturer, "Construction Defect Claims", Lorman, 1999-2000; Author & Lecturer, "Mechanic's Lien Law", Lorman, 1997-2001; Author & Lecturer, "Construction Management/Design Build in Indiana", Lorman, 1999; Author & Lecturer, "Construction Claims and Liens", Lorman, 1995; Instructor, Design-Build Institute of America, Great Lakes Region Presentation: Risk Shifting Inherit in the Design Build Process, 2008 and 2009; Instructor, ABA Forum on the Construction Industry, Division 4, Project Delivery Systems Presentation, A Quick Primer on BIM's Legal Implications, 2007; Facilitator, ISBA ADR Section Arbitration Forum: Variables at the Preliminary Hearing and in the Process, 2008; Instructor, ISBA Construction & Surety Law Section Presentation: Changes and Impacts to the Scope of Work, 2007; Instructor, ISBA Construction & Surety Law Section Presentation: New Developments and Trends on Delay and Impact Claims, 2004; Instructor, Associated Builders and Contractors, Inc. ("ABC") Safety and Education Summits, 2006, 2007 and 2009; Instructor, ABC Seminar: Mechanic's Liens – Strategies for Getting Paid, 2009; Instructor, ABC-DSV Construction Law Series, 2007-2009; Instructor, ABC Seminar: Integrated Project Delivery: In Theory and In Practice, 2009; Instructor, ABC Seminar: Changes in the New AIA A201 General Conditions, 2008; Instructor, ABC Seminar: The Emerging Role of BIM in the Construction Industry – A Legal Perspective, 2008; Instructor, ABC Seminar: Key Subcontract Clauses, 2008; Instructor, ABC Seminar: Contractual Risk Transfer, 2006 and 2007; Instructor, ABC Seminar: Project Documentation - From Contract Formation Through Project Completion & Claims, 2007; Instructor, AGC/I Construction Institute ("AGC/I") Seminar: Subcontract Agreements, 2006; Instructor, AGC/I Seminar: The Risks of Contractual Indemnification: A Panel Discussion on Negotiating Indemnification Provisions, 2006; Instructor, Construction Advancement Foundation ("CAF") Seminar: Construction Claims and Contracts, 2009; Instructor, CAF Seminar: Key Subcontract Clauses, 2008; Instructor, CAF Seminar: The New 2007 AIA Documents, 2008; Instructor, CAF Seminar: The Risks of Contractual Indemnification, 2007; Instructor, Purdue University Joint Transportation Research Program Road School, 2002; Instructor, Indiana Department of Commerce Procurement Workshop, 2000; Instructor, AGC Education and Research Foundation Supervisory Training Program, 1997
Memberships: Indianapolis Bar Association; Indiana State Bar Association; - Construction & Surety Law Section (Founder and Initial Chairman; member, Executive Council); American Bar Association; - Forum on the Construction Industry; - Member, Steering Committee, Division 4 Project Delivery Systems; - Public Contract Law Section; - TIPS - Fidelity and Surety Law Committee; - Section of Litigation - Construction Litigation Committee
Trade Associations Member: Associated Builders and Contractors, Inc. (ABC); - Member, State Board of Directors; Indiana Construction Association (ICA); Associated General Contractors (AGC); - Member, Project Delivery Forum; Design Build Institute of America, Great Lakes Region (DBIA); Indiana Construction Roundtable (ICR); - Member, Policy Advisory Board; - Member, Mentor Protégé Advisory Board; Indiana Subcontractors Association (ISA); Construction Management Association of America, Inc. – Indiana Chapter (CMAA); - Vice President and Member, Board of Directors; Indiana Water Environment Association (IWEA); Metropolitan Indianapolis Coalition for Construction Safety (MICCS); National Utility Contractors Association (NUCA); American Institute of Steel Construction (AISC); Institute of Roofing, Waterproofing and Building Envelope Professionals (RCI)
Honors and Recognitions: Life Fellow, Indiana State Bar Foundation; Indiana Super Lawyer in Practice Area of Construction Law, 2004-2012; Top 50 Indiana Super Lawyers for 2012; Selected for The Best Lawyers in America® under Construction Law, 2007-2011
Representative Cases and Experience: Multi-party litigation defense of general contractor/CM constructor in construction and design defects case involving a major independent university football stadium.; Litigation on behalf of a "Big 10" university re claims for delays and impacts from a parallel prime general contractor on a medical center project.; Litigation on behalf of public school systems owner re claims for delays and defective work involving parallel prime contractors, the project construction manager and project architect.; Litigation of local government owner re claims for delays and defective design and construction involving general contractor and design team on courthouse project.; Representation of local government public works agency re construction of wastewater treatment plant and claims for defective work and delays against general contractor.; Arbitration of case on behalf of prime mechanical trade contractor involving delay and impact claims for a school project.; Arbitration of case on behalf of site utility prime contractor involving delay and impact claims on a public waterways project.; Arbitration of claim on behalf of general contractor involving additional work claims against public owner on a waste disposal facility project.; Arbitration and subsequent litigation of a steel fabricator default and termination claim against a lower tier subcontractor-erector on a large, commercial office project.; Arbitration of claim on behalf of steel fabricator of delay and impact claims due to defective plans and specifications on convention center project.; Arbitration of claim on behalf of site utility contractor involving differing site conditions and delays on a local government underground utilities project.; Litigation of claim on behalf of site utility contractor involving owner default and non-payment on a condominium project.; Litigation of differing site conditions and delay and impact claim on behalf of general contractor on a Pennsylvania commercial warehouse project.; Litigation of general contractor claim against subcontractor for defective site work and excavation on apartment complex project.; Litigation of differing site conditions and delay and impact claim on behalf of general contractor on an outdoor retail center project.; Litigation of painting and drywall subcontractor delay and cost overrun claims involving construction of two new state prison projects for the Ohio Department of Corrections.; Litigation of drywall subcontractor delay and constructive changes claim against general contractor on the Ohio State University Cancer Research Center.; Litigation and mediation on behalf of a mechanical prime contractor involving a $1.5 million constructive changes, delay and impact claim against the owner of a steel mini-mill project.; Litigation and mediation for a construction manager/general contractor's $1.5 million claim for termination, nonpayment and mechanic's lien foreclosure on a $120 million plus casino project.; Litigation and defense of different roofing contractors on a defective work claim involving a school project in northern Indiana; a wrongful termination claim and defense against the owner defective work claim on a local government school project in central Indiana; and a defective work claim by a general contractor on a school project in Ohio.; Arbitrator on construction cases involving a termination dispute and payment/back-charge claims between a developer and a lumber company; a defective work dispute between the owner and contractor on a commercial retail store project; a mechanic's lien claim dispute between owner and prime contractor; and a defective work dispute between an owner and trade contractor on a multi-million dollar residential home project.; Mediator in construction cases involving three party disputes between the owner, contractor and subcontractor on a public works jail project and on a commercial office project.; Representation of commercial owner in construction of multi-million dollar new corporate office headquarters project, and negotiation of field performance and extra work claims and disputes between owner, architect and contractor.; Representation of public school systems owner on bidding and construction of three elementary schools and addressing field performance and extra work claims and disputes.; Arbitration on behalf of owner involving defective work by site contractor on city housing development project.; Litigation on behalf of public and private owner defective roof claims against the project architects and contractors on various school and commercial projects.; Litigation on behalf of public school owner against general contractor for defective flooring on public school project.; Litigation and defense of defective design claims against design professionals including owner claims against an architect on a commercial multi-unit housing project.; Litigation and defense of defective design claims in multiple suits against a structural engineer in bridge collapse litigation.; Litigation and defense of project architect against electrical prime contractor claim for delays due to alleged defective plans and specifications on public school claim.; Litigation of defective plans and specifications involving corrective work and delay claims by a structural steel subcontractor on a hospital project.; Litigation of wrongful termination claim on behalf of prime contractor on Navy project involving installation of a gun range.; Litigation of termination case by general contractor of a trade subcontractor on a commercial office and retail building.; Litigation of termination case by a general contractor of an excavating subcontractor on a new automotive parts plant project.; Litigation of termination case by a mechanical prime contractor of an excavating subcontractor on eight school projects.; Litigation of general contractor claims involving $1.9 million in delay damages against the owner agencies on two state construction projects.; Litigation of general contractor claims $2.1 million in breach of contract damages against developers of a commercial mall project in Michigan, with defense against subcontractor claims for nonpayment.; Litigation of general contractor claims involving $800,000 in claims for additional costs and constructive changes against local and state agencies on public works levee project.; Litigation of general contractor claim for constructive changes for additional costs due to defective plans and specifications involving structural steel on school project.; Representation of steel erection subcontractor and electrical subcontractor for delay and cost overrun claims resulting from termination of general contractor on commercial office tower project in Ft. Wayne, Indiana.; Representation and prosecution of differing site conditions claim by excavating subcontractor on public school project.; Litigation and prosecution of differing site conditions claim by general contractor on Indiana Department of Corrections project.; Litigation and prosecution of differing site conditions claim by underground utility contractor on pipeline project.; Representation of structural steel contractor on delay, impact and additional work claims due to defective plans and specifications on sports stadium project.; Representation of structural steel contractors on delay, impact and additional work claims due to defective plans and specifications on industrial plant project.; Litigation and defense of general contractor against defective work claim involving a partial roof failure on a commercial facility.; Litigation and defense of general contractor against defective work claim involving a defective parking garage structure.; Litigation and defense of masonry trade contractor on defective work claim involving Illinois school project.; Litigation of paving contractor claim for nonpayment and defense against defective work claim on large trucking facility project.; Litigation of trade contractor claim for lack of site access on university library project.; Litigation and prosecution of hundreds of statutory lien claims on behalf of general or prime contractors, subcontractors and suppliers on various public and private projects.; Litigation and prosecution of dozens of Federal Miller Act and local government statutory bond claims on behalf of general or prime contractors, subcontractors and suppliers on various public projects.; Litigation on behalf of performance bond surety defending against termination of principal and prosecution of defective roof claim against roof system manufacturer on a public library project.; Litigation and defense of performance and payment bond surety on multiple performance bond defaults by a general contractor on five public works projects for local government entities and IDNR and on payment claims from subcontractors and suppliers.; Litigation and defense of performance bond surety in multi-state litigation involving a principal's default on an Air Force base project in New England.; Representation and defense in litigation of performance and payment bond sureties on cases involving contractor termination claims by government agencies, and on subcontractor payment claims, involving over 25 military base projects throughout the United States.; Representation of performance and payment bond sureties on claims involving contractor default, termination and completion work on multiple publicly-owned school and local government projects in Alaska, and corollary disputes with co-sureties.; Representation and defense of performance and payment bond surety on general contractor performance bond claim from public owner on a local government library project and on payment claims from subcontractors and suppliers.