Main Menu

Overview

Don's practice areas include construction law and insurance regulation/insolvency.

Don represents owners and contractors in all facets of construction. At the inception of projects, he routinely provides counsel to his clients regarding analysis of alternative project delivery structures; development and implementation of requests for proposal, bidding and other procedures to identify, evaluate and select design professionals, contractors and other project team members; drafting and negotiation of contracts and other project related agreements; analysis and implementation of insurance/risk management programs (including owner and contractor controlled insurance programs); and other front end legal issues.

Don also has broad experience in evaluating and resolving the variety of issues which arise during the design and construction of projects, including bid errors and protests; deviations from project budget; schedule delays and deviations; change order disputes; differing site conditions; mechanics liens and other payment claims; project close-out procedures; disputes arising out of alleged errors or omissions in the design or defects or deficiencies in the work; and claims relating to completed operations, correction of work and warranty obligations.

Among his most notable projects are Lucas Oil Stadium; Bankers Life Fieldhouse and affiliated projects; expansions to the Indiana Convention Center; Ford Center Arena in Evansville, Ind.; Thomson Consumer Electronics North American Headquarters; and Indianapolis Indians' Victory Field.

He also provides legal services relative to administrative, regulatory and legal proceedings in the field of insurance, primarily focusing on insurance company acquisitions, holding company transactions and rehabilitation/liquidation proceedings.

Don received his law degree from Indiana University, summa cum laude, in 1980 and his undergraduate degree from Purdue University, with distinction, in 1977. He received admittance to the Indiana Bar in 1980.

Career Highlights

Representative Cases and Achievements

  • Serving as the Capital Improvement Board of Managers of Marion County, Indiana’s representative on the Lucas Oil Stadium and the Phase V Expansion to the Indiana Convention Center.
  • Construction counsel to the City of Evansville, Indiana with respect to the design and construction of the Ford Center Arena.
  • Construction counsel to the Indiana Spine Group in the design and construction of an ambulatory surgery and imaging center, medical office building and physical therapy facility.
  • Construction counsel to Heart Center Medical Group, LLC in drafting and negotiating design and construction contracts for a new medical office building.
  • Construction counsel to Medco Health Solutions of Indiana, LLC in drafting and negotiating Design/Build Agreement for pharmacy/distribution center.
  • Construction counsel to Becton Dickinson and Company with respect to the design and construction of a Regional Distribution Facility.
  • Construction counsel to ADESA Corporation in drafting and negotiating design and construction contracts for its facilities.
  • ISTA Center Inc. v. James - Pursuit of errors and omissions claims on behalf of owner against design professionals relating to defects and deficiencies in multi-story office building.
  • County Commissioners of Vermillion County v. Jungclaus Campbell - Bid protest on public project, including constitutional challenge to a local preference specification.
  • Barth Electric v. Slutsky-Pletz and Traylor Brothers - Pursuit of claims against co-prime contractors and owner due to schedule delays, deviations and changed work conditions.
  • Beaty Construction v. JUD Construction - Arbitration involving differing site conditions, schedule deviations and changes in work conditions.
  • Freitag-Weinhardt v. MRM Toulic and Skanska E&C v. MRM Toulic - Defense of owner in litigation and arbitration involving payment claims and other disputes arising out of the design and construction of a chemical processing facility.
  • Greenfield Builders Inc. v. Roll Coater, Inc. - Representation of contractor involving payment claims and other disputes arising out of construction of processing plant for the finishing of rolled steel.
  • Representation of liquidator in the following insurance insolvency proceedings:
    • Benicorp Insurance Company
    • Maxicare Indiana
    • Paradigm Insurance Company
    • Life of Indiana Insurance Company
    • Medical Savings Insurance Company
  • Representation of the acquiring parties in the following Indiana Form A proceedings:
    • Liberty Mutual’s acquisition of Safeco Insurance Companies
    • Liberty Mutual’s acquisition of Ohio Casualty Insurance Companies
    • ACE’s acquisition of CIGNA Insurance Companies
    • Citicorp/Travelers’ acquisition of Associates First Capital Corporation
    • Liberty Mutual’s acquisition of Prudential Property and Casualty Insurance Company       

Awards

  • The Best Lawyers in America®, Indianapolis Construction Law, "Lawyer of the Year," 2018
  • Selected for inclusion in The Best Lawyers in America®, 2013-2018, in the fields of Construction Law and Litigation – Construction

Affiliations

Professional Affiliations

  • Indianapolis Bar Association
  • Indiana State Bar Association
  • American Bar Association

Community Involvement

Civic and Charitable Involvement

  • Second Helpings, Inc.
  • Catholic Youth Organization

Media

Services

Purdue University, B.S., Business, 1977, with distinction
Indiana University Maurer School of Law, J.D., summa cum laude, 1980

  • Indiana, 1980
Back to Page