People

Michael F. Drewry is a Partner with DSV, and he focuses his legal practice in the areas of construction law and litigation, public contract law and surety law.  He represents public and private owners and agencies, general contractors, construction managers, design builders, trade and specialty contractors, subcontractors, material suppliers, design professionals and construction sureties.  He also is the firm’s managing partner.

The focus of Mike’s practice is on construction contract negotiations and drafting on design-bid-build, construction management and design-build projects, assisting owners in determining project delivery systems and development of related project documents, public construction bidding, procurement and performance, design law issues, defective specifications, changes, differing site conditions, delays, construction delay and impact claims, construction surety bonds, mechanic’s liens and related remedies, construction defects, construction defaults and termination, project management issues, and construction dispute resolution proceedings, including mediation, arbitration and litigation. He has written numerous articles and seminar manuals on a broad range of construction law topics. He is a frequent lecturer for construction trade association conferences and construction law seminars for the legal community and construction industry (both as program chairman and as author and speaker).

Mike received his Bachelor of Arts, with highest distinction, from Purdue University (1974) and Phi Beta Kappa.  He received his Master of Arts from the University of Minnesota (1975) and was a Bush Foundation Fellow, 1974-1975 and 1975-1976. Mike earned his Juris Doctorate, magna cum laude, from Indiana University School of Law – Indianapolis (1979) and was an Indiana Bar Foundation Scholar, 1979.

Mike has received the following professional awards and recognitions:  Life Fellow of the Indiana State Bar Foundation; Indiana Super Lawyer in the Practice Area of Construction Litigation for 2004 through 2018 and named to Top Ten Super Lawyer List for 2013 and Top 50 Super Lawyer Lists for 2012, 2014 and 2016; Best Lawyers in America® under the practice area of Construction Law for 2007 through 2016; The Indiana Lawyer, Leadership in Law Distinguished Barrister Award for 2013; AV Preeminent Peer Review Rating with Martindale-Hubbell.

Regional Coordinator, “Infrastructure: Civil Works Projects for Lawyers”, ABA Forum on the Construction Industry Regional Program – Indianapolis, 2012; Committee member, Forum on the Construction Industry Trial Academy, 2012 and 2013; 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; Moderator and Co-Author, ABA Forum on the Construction Industry Teleconference, “Construction Management at Risk (CMAR)”, 2009; Author, “Downstream Allocation of Concurrent Delay Damages,” (Co-Author with Daniel M. Drewry), Under Construct, Newsletter of the ABA Forum on the Construction Industry, in Three Part Series: December 2007; March 2008 and June 2008; Presenter, ABA Forum on the Construction Industry, Division 4, Project Delivery Systems, “A Quick Primer on BIM’s Legal Implications”, 2007.

Mike is a member of the Indianapolis Bar Association; the Indiana State Bar Association (Construction & Surety Law Section); and the American Bar Association (Public Contract Law Section; Forum on the Construction Industry (Division 4 Project Delivery Systems); TIPS-Fidelity and Surety Law Committee; and Section of Litigation – Construction Litigation Committee).

In addition to membership in local, state and national bars, Mike is also a member in construction industry trade associations, including Associated General Contractors (AGC); Design Build Institute of America, Great Lakes Region (DBIA); Indiana Construction Association (ICA); Associated Builders and Contractors, Inc. of Indiana/Kentucky (ABC); Construction Management Association of America (CMAA) and CMAA Indiana Chapter; Indiana Construction Roundtable (ICR); Indiana Subcontractors Association (ISA); and Metropolitan Indianapolis Coalition for Construction Safety (MICCS).

Mike is actively involved with numerous local boards and committee memberships, including his appointment as Chapter attorney for ABC of Indiana/Kentucky; current member, AGC Project Delivery Forum; Vice President and current member, CMAA Indiana Board of Directors; Founder and Initial Chairman, ISBA Construction & Surety Law Section; current member, ISBA, Construction & Surety Law Section Executive Council; current member, ABA Forum for the Construction Industry, Division 4, Project Delivery Systems; current member, OneZone Board of Directors; current member, OneZone Carmel Business Issues Committee; current member, Center for the Performing Arts Board of Directors.

Representative Cases and Experience

Multi-party litigation defense of the 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.

 

Panel Member, “Going Beyond the Basics of BIM”, ISA Webinar, 2014

Author and Presenter, “Public Contracts and Procurement Regulations”, Lorman Education Services (“Lorman”), 2012-2013

Author & Lecturer, “Implementing an Effective Risk Management Program”, CAF, 2013

Author & Lecturer, “What You Need to Know About Construction Law Before Signing that Contract”, CAF, 2013

Author & Presenter, “Fundamentals of Construction Contracts:  Understanding the Issues”, Lorman, 2013

Author & Lecturer, “Construction Insurance 101 & Understanding the Role of Surety”, CAF, 2012

Author & Lecturer, “Two for Tuesday Legal Series – Getting Paid on Private and Public Projects”, CAF, 2012

Author & Lecturer, “Two for Tuesday Legal Series – Managing the Subcontractor Default”, CAF, 2012

Regional Coordinator, “Infrastructure: Civil Works Projects for Lawyers”, ABA Forum on the Construction Industry Regional Program – Indianapolis,, 2012

Author & Lecturer, “Too Many Hands in the Cookie Jar – Liability for BIM”, CAF, 2010

Author & Lecturer, “The Construction Contract – Protections and Pitfalls”, CAF, 2010

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

Moderator and Co-Author, ABA Forum on the Construction Industry Teleconference, “Construction Management at Risk (CMAR)”, 2009

Author, “Downstream Allocation of Concurrent Delay Damages,” (Co-Author with Daniel M. Drewry), Under Construct, Newsletter of the ABA Forum on the Construction, in Three Part Series: December 2007; March 2008 and June 2008

Author & Presenter, ABA Forum on the Construction Industry, Division 4, Project Delivery Systems, “A Quick Primer on BIM’s Legal Implications”, 2007

Author & Presenter, “Public Contracts and Procurement Regulations”, Lorman Education Services (“Lorman”), 2012

Author & Presenter, “Construction Lien Law in Indiana”, Lorman, 2011

Author & Presenter: “Saving Taxpayer Money Through the Project Delivery System”, Government Practice & Procedures, Indiana Continuing Legal Education Forum (ICLEF), 2011

Author & Presenter, “Indiana’s Design Build Statute: The Governing Framework, Problems Identified and Ideas for Change”, Design Build Institute of America (DBIA) Great Lakes Region, 2011

Author & Presenter, “Building Information Modeling – What Are the Liability Risks,” Construction Advancement Foundation, 2010

Presenter and Moderator, “Building Information Modeling,” Indiana Construction Association, 2010

Author & Presenter, “Mechanic’s Liens & Claims Against Bonded Construction Projects,” Indiana Continuing Legal Education Forum, 2010

Author & Presenter, “The Construction Contract – Protections and Pitfalls,” Construction Advancement Foundation, 2010

Author & Presenter, “Liability for Site Safety:  Responsibilities & Risks,” 2010 Indiana Safety and Health Conference & Expo (American Society of Safety Engineers)

Author & 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

Author & Presenter, “Role of Design Build in the Emerging World of Collaborative Project Delivery”, Design Build Institute of America (DBIA), 2009

Author & Presenter, “Continued Emergence of BIM in the Construction Industry”(DBIA), 2009

Author & Presenter, “The Continued Emergence of BIM in the Construction Industry” Associated Builders and Contractors (ABC), 2009

Author & Presenter, “Liability For Site Safety: Responsibilities & Risks Metropolitan Indianapolis Coalition for Construction Safety” (MICCS), 2009

Author & 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., 2001-2012

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, 20072008

Author & Lecturer, “Construction Delay Claims”, Lorman, 2006

Author & Lecturer, “When Construction Projects Go Bad ”, 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