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J. Mark Grundy Mark is a member of the Litigation and Dispute Resolution Practice Group, and the Construction Litigation Team Chair. He also serves on the firm's Management Committee. Mark concentrates his practice in construction law and dispute resolution. Mark's representation includes owners, developers, general contractors, subcontractors, and design professionals. Mark also concentrates his practice in business litigation and dispute resolution. His range of experience includes contract, commercial, real estate, trade secret, employee benefit and products liability law.
Education
University of Kentucky, 1977
B.A., University of Louisville, 1981, editor-in-chief, student newspaper, athletic scholarship
J.D., moot court finalist; scholastic awards in taxation, legal, research, decedent estates, University of Louisville, 1988, member of Law Journal
Admitted to Practice
Kentucky, 1988
Courts Admitted to Practice
Kentucky Supreme Court
U.S. District Court, Eastern District of Kentucky
U.S. District Court, Western District of Kentucky
U.S. District Court, Southern District of Indiana
U.S. Court of Appeals for the Sixth Circuit, 1990
Professional Memberships and Affiliations
Serves as officer (secretary) to the Construction and Public Contract Law section of the Kentucky Bar Association
Construction Law Section of the Kentucky, and American Bar Associations
USLAW Network, Construction Law Committee
Kentucky Academy of Trial Attorneys
Defense Research Institute
Achievements in Areas of Concentration
Serves as construction counsel for the Louisville Arena Authority for the construction of a $236 million state of the art arena
Engaged in full-time law practice for past twenty years
Successfully litigated dozens of cases before federal, state, and administrative courts and agencies
Obtained favorable trial judgments and jury verdicts Significant decisions include:
Established breakthrough law in area of class action removal and certification requirements. Adams v. Federal Materials, U.S. District Court, Western District of Kentucky.
Obtained a $9.6 million judgment in housing development dispute. KHC v. Pleasant Point, U.S. Court of Appeals, Sixth Circuit.
Multi-million dollar dispute that established new law for interpretation of long term supply agreements. KU v. South East Coal Co., Supreme Court of Kentucky.
Clarified Kentucky evidentiary standards Jones v. ADDECCO, Kentucky Court of Appeals (case used as a teaching model by the faculty of the University of Kentucky School of Law).
Examples of results in field of construction law:
Obtained a significant AAA arbitration award in Indianapolis for highway contractor. Prevailed in dispute involving soil conditions, and excavation. Recovered fees and costs. CSL v. Reith-Riley.
Represented government authority in coordination and resolution of disputes involving water treatment plant, and disputed geotechnical and subsurface issues. Bowling Green Municipal Utilities.
Successfully resolved disputes involving construction of Papa John's Cardinal Football Stadium, and The Kentucky Convention Center. Harmon Steel Company v. Steel Fabricating.
Successfully handled and resolved dispute on private and public jobs, ranging from bid protests, structural issues, lien and bonding disputes, AIA contract interpretation, and design specifications. Morel Construction Co., Inc.
Successfully litigated and obtained favorable settlement for developer in design-build project. Zorn II Development.
Successful representation in construction HVAC installation cases. Trane Co.
Obtained favorable arbitration award for owner in development of administration building and cottages. Dispute involved subsurface irregularities. Bellewood Orphanage.
Successful representation of developer with regard to warranty claims. Trademark Homes, Inc.
Negotiated prime contractor and architect contracts for multimillion dollar arena. Louisville Metro Authority.
Civic and Charitable Involvement
Planning Committee Member, Kentuckiana Banking Association
Former President, Chairman of Board, Lakeside Corporation
Certified airplane pilot, Federal Aviation Administration
Former Division Chairman, Louisville Chamber of Commerce
St. Xavier High School Athletic Hall of Fame, Inducted 2003
Selected Publications and Presentations
Seminar presentation - "The Art of the Settlement, Obtain the Best Possible Resolution for Your Clients" National Business Institute
Co-author of nationwide book published by Aspatore Books, entitled "Inside the Minds: Construction Law Regulatory and Environmental Strategies"
"Three Things You Should Do In Every Construction Project," Business First
"How to Protect Your Trade Secrets," Greenebaum Law Letter
"Negligent Misrepresentation Claims in Construction Projects," Greenebaum Law Letter
"The Seven Deadly Sins of Construction Lending," Kentucky Banking Association, Annual Legal Issues for Financial Institutions Seminar, University of Kentucky College of Law
Featured speaker on KET Kentucky Tonight television broadcast regarding impact of federal legislation.
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