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Overview

Mark is the Co-Chair of the Litigation Department, and he concentrates his practice in business litigation and dispute resolution. He has broad experience in contract, commercial, estate, real estate, trade secret, employee benefit and products liability law. Mark significantly concentrates his practice in construction law, representing owners, developers, general contractors, subcontractors and suppliers.
 
Chambers USA: America's Leading Lawyers for Business has commented that, “Mark Grundy wins high accolades from peers for his strategic, large perspective on cases and his excellent understanding of the technical aspects of construction matters. He is well prepared and extremely professional.” - Chambers USA Client Guide, 2012, 2011, 2010. Kentucky Super Lawyers and Louisville Magazine also have recognized Mark as a leading lawyer in his field of practice.

Mark previously served on the Firm's Management Committee, and currently chairs the Associate Development Committee. 

Career Highlights

Representative Cases and Achievements

  • Served as construction counsel for the Louisville Arena Authority for the construction of a state of the art arena
  • Successfully litigated dozens of cases before federal, state, and administrative courts and agencies
  • Obtained favorable trial judgments and jury verdicts.  Significant decisions include:

    • Established new law in class action removal and certification requirements.  Adams v. Federal Materials, U.S. District Court, Western District of Kentucky.
    • 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 disputes 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 Arena Authority.
  • Examples of results in commercial, contract, and benefits litigation:
    • Successfully resolved significant LIPD tax accounting claims for major automobile dealerships 
    • Establishing controlling law in the Western District of Kentucky regarding the applicability of the Great West doctrine to Kentucky companies. Ralcorp v. Fricke, 290 F.Supp.2d 759 (W.D. Ky. 2003). 
    • Successfully defended the DAV against a multi-million dollar claim by nationwide employees seeking enhanced benefits based on banked vacation and sick pay calculations.  Adams v. Disabled Veterans of America, United States District Court, Eastern District of Kentucky.
    • Successfully defended the company against a  multi-million dollar claim by dozens of employees for retirement and disability healthcare benefits.  Adkins v. American Standard, United States District Court, Eastern District of Kentucky. 
    • Obtained a summary judgment for corporate defendant dismissing a complex multi-million dollar claim brought by former employees.  Crawford v. Andalex Corporation, United States District Court, Western District of Kentucky.
    • Successfully represented the bank obtaining ruling from the Kentucky Supreme Court affirming dismissal of a claim by a former CFO seeking enhanced severance benefits.  Shockley v. Fifth Third Bank, Jefferson Circuit Court, Kentucky Court of Appeals, and Kentucky Supreme Court.
    • Successfully defended this publicly traded company through the trial courts and the Supreme Court of Kentucky denying the former VP for Human Relations enhanced severance benefits.  Sought and recovered a full award of attorneys fees, which is highly unusual in the defense of a publicly traded company against a claim by a former employee.  Bechdel v. Commonwealth Aluminum, Jefferson Circuit Court, Kentucky Court of  Appeals, and Kentucky Supreme Court.

Awards

  • Named to Louisville Magazine “Top Lawyers” List in the area of Construction Law, 2016
  • Selected for inclusion in The Best Lawyers in America®, 2014-2018, in the field of Commercial Litigation
  • Recognized in Chambers USA America's Leading Lawyers for Business in the area of Corporate/M&A: Construction - Kentucky, 2010-2012; Litigation: Construction, 2013, 2014 
  • Recognized in the Kentucky Super Lawyers® lists, 2010-2017
  • Kentucky Bar Association, 2008 Continuing Legal Education Award
  • Recognized in Louisville Magazine's "Top Lawyers" issue, 2012, 2014

Affiliations

Professional Affiliations

  • Officer to the Construction and Public Contract Law section of the Kentucky Bar Association
  • Construction Law Section of the American Bar Association
  • USLAW Network, Construction Law Committee
  • Kentucky Academy of Trial Attorneys
  • Defense Research Institute

Community Involvement

Professional Leadership

  • AV® peer review rated by Martindale-Hubbell, which is the highest ranking for general ethical standards and legal ability standards 
  • Member of the 2011 Leadership Kentucky class
  • Member of the 2009 Leadership Louisville class
  • University of Louisville Leadership
    • Editor-In-Chief of the Student Newspaper
    • Athletic Scholarship
    • Moot Court Finalist
    • Member of law journal

Civic and Charitable Involvement

  • Board of Directors, New Roots, Inc. 
  • Former 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

Media

Contributions & Published Works

  • Author, Kentucky Chapter, Construction Litigation Desk Reference: A State-by-State Compendium, Defense Research Institute, February 2017
  • Author, "Compendium of Kentucky Construction Law," USLAW Network, 2008-2012
  • Author, "Kentucky Construction Law," Defense Research Institute, 2009-2012
  • "Impact of 2007 Revisions on AIA Construction Contracts, Greenebaum Doll & McDonald Law Letter, July 2008
  • 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 Doll & McDonald Law Letter
  • "Negligent Misrepresentation Claims in Construction Projects," Greenebaum Doll & McDonald Law Letter

News

Events

Presentations

  • "Tips on report writing for forensic accounting experts," KyCPA Forensic Accounting Conference, August 11, 2016
  • Presenter, Kentucky Construction Law for Public Projects, Half Moon Seminars, 2014
  • Presenter, Kentucky Construction Defect Litigation A-Z, National Business Institute, 2014 
  • Presenter, "Defamation, Slander and Libel," Believe It or Not Business Lawsuits, National Business Institute, May 2012
  • Presenter, "How to Plan and Manage a Successful Construction Project," National Business Institute, May 2008
  • Presenter, "The Art of the Settlement, Obtain the Best Possible Resolution for Your Clients," Louisville Bar Association, February 2008
  • Presenter, "The Art of the Settlement, Obtain the Best Possible Resolution for Your Clients," National Business Institute
  • "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
  • "Computer Systems Defects: Assessment, Readiness and Remediation," Computer Law Institute, University of Kentucky College of Law
  • "What Every Corporate Counsel Should Know About Litigation," Kentucky Bar Association Corporate Counsel Seminar
  • "Discovery of Records," Lorman Education Services, Louisville, Kentucky

Services

University of Kentucky, 1977
University of Louisville, B.A., 1981
University of Louisville, J.D., 1988

  • Kentucky, 1988
    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
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