Kenneth M. Roberts
Partner
Procurement/Contract Negotiation
By combining his skills as a litigator and advocate with his transactional experience, Ken provides clients with a set of unique services designed to suit their business needs. He has authored the standard forms for service and commercial contracts utilized by numerous companies and has advised owners during contract negotiations and major procurements. He and his team have negotiated more than $60 billion in major procurement contracts over the past several years.
Alternative Dispute Resolution
Ken has an extensive background in representing owners, contractors, and architect/engineers in complex, multifaceted disputes involving delays, disruption, and loss of efficiency; breaches of contracts for performance, scope of work, and payment; and complex multi-party insurance coverage issues. He has acted as the sole facilitator for and sat on and chaired numerous dispute resolution boards involving projects ranging in size up to $2 billion.
Ken is widely recognized for his successful use of alternative dispute resolution (ADR), having successfully resolved virtually every type of construction dispute. He and his team typically mediate 15-20 times per year, generally in relation to issues that have not reached litigation.
Ken teaches a course at Northwestern Engineering Graduate School on Construction Management/Contracts that focuses heavily on ADR. In addition, Ken regularly lectures at several law schools on mediation and dispute resolution boards.
Infrastructure
- Ken has advised owners, acted as project neutral, and participated as chair on dispute review boards on some of the country's largest infrastructure projects.
- Airports: Ken has served as the chair of the dispute resolution board (DRB) on five of the country's largest airport expansion projects. These projects involved expansion of new runways, renovation of existing terminals, and build-out of new terminals.
- Bridges and Highways: Ken has served as project neutral on three of the country's largest bridge and highway projects. Ken served for over five years on some of the country's largest bridge projects, resolving all disputes without litigation. Ken has also served as mediator on several large design-build projects, including interchanges and walkways, resolving disputes valued at over $100 million between owners, contractors, joint ventures, and their engineers/consultants.
- Pipeline: Ken served on the board of T.D. Williamson, a pipeline service and equipment supplier focused on advanced isolation, integrated pigging, and integrity assessment for onshore and offshore applications. In addition, Ken has represented several energy/utility companies on pipeline construction issues.
- Transportation/Light Rail: Ken is currently working on several light rail projects valued at over $3 billion. The projects have dealt extensively with start-up and testing issues, delay and inefficiency issues, differing site conditions, as well as accuracy and completeness of design packages. Ken's experience also includes the construction of new stations.
- Tunnels: Ken has represented multiple clients, including the U.S. Army Corps of Engineers and various DOTs, on complex construction projects involving tunnels and underground excavation, as well as deep tunnel projects for the long-term storage of nuclear waste. Ken is currently working with major city entities on a multi-billion-dollar underwater tunnel that provides rail service.
Power Plant Construction
- Ken has been involved in all elements of power plant construction and technology, including low NOx burners, heat recovery steam generators (HRSGs), selective catalyst reduction (SCR), precipitators, nuclear waste disposal and storage, coal handling systems, steam generators, gas and steam turbines, boilers, control systems, and other operational and environmental equipment. His range of services—including preparing contracts, the monitoring of over 20 major power/industrial/commercial projects, and the numerous mediations/arbitrations and negotiations over such projects—has given him a rare combination of technical and commercial insight that is useful in every aspect of his practice.
Project Controls
- Ken has provided project controls advice and project monitoring on more than 20 major energy, industrial, and commercial projects, ranging from newly built projects to plant expansions during limited outages. His project control engagements typically involve providing clients with realistic opinions of scheduling and cost issues, an objective appraisal of critical project issues, and resolution of disputes before they can impact ongoing work. Ken has also testified on construction prudency. He has testified in numerous state courts and before government bodies in the United States and Canada. Testimony was focused on whether settlements, change orders, and the owner's overall decisions regarding the cost of a project were within industry standards.
Related Practices
Related Industries
Insights
Insights
Credentials
Credentials
Education
- Postgraduate studies University of Chicago Graduate School of Business Management Institute 2007
- Postgraduate studies Northwestern University Kellogg School of Management 2000
- J.D. University of Iowa College of Law 1985
- B.G.S. Political Science with honors University of Iowa 1982
Bar Admissions
- Illinois
- Missouri
- New York
Court Admissions
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Western District of Missouri
Professional Memberships and Activities
- Board member, T.D. Williamson Inc., 2009 – 2014
- American Bar Association
- Member, Forum on the Construction Industry, CLE committee, Section of Dispute Resolution
- Member, Section of Environment Energy & Resources
- Past chair, Corporate Counsel Committee, Section of Litigation
- Vice chair, Construction Division, Section of Public Contract Law
- Past chair, Committee on Excess, Surplus Lines and Reinsurance, Tort Trial & Insurance Practice Section
- Member, Long-Range Planning Committee
- Member, Task Force on Corporate Governance
- Chicago Bar Association
- Past vice chair, Alternative Dispute Resolution Committee
- Fellow, Construction Lawyers Society of America
- Standing member, Corporate Counsel Institute
- President, Dispute Resolution Board Foundation, Region 1
- Member, Illinois State Bar Association
- Member, Missouri Bar Association
- Member, Energy Committee, New York Building Congress
- Member, Society of Illinois Construction Attorneys
- Guest lecturer, Mediation Advocacy, Chicago–Kent College of Law, 2015
- Northwestern University
- Adjunct professor, Construction Law & Risk Management, Department of Civil Engineering Graduate Program, 2012 – present
- Guest lecturer, Introduction to Risk/Finance for Engineers, Department of Civil Engineering, 2013
- Guest lecturer, Project Finance, Department of Civil Engineering, 2008 – 2010
- Guest lecturer, Mediation Advocacy, Northwestern University School of Law, 2008, 2010, 2012
- Guest lecturer, Mediation Advocacy, Loyola University Chicago Law School, 2005 – 2012
- Instructor, Introduction to Business Law, University of Iowa, College of Business, 1984 – 1985
Recognition
Recognition
- International Institute for Conflict Prevention and Resolution, James P. Groton Award for Outstanding Leadership in Dispute Prevention, 2024
- The Best Lawyers in America
- Construction Law, 2008 – 2009, 2012 – 2014, 2016 – 2024
- Real Estate & Infrastructure Issue, Lawyer of the Year, Construction Law, Chicago, 2023 – 2024
- Chambers USA, Construction, Illinois, 2006 – 2023
- National Law Journal, Real Estate/Construction Law Trailblazer, 2020
- Law Bulletin Media
- Leading Lawyer, ADR Law: Commercial Litigation, 2016 – 2021
- Leading Lawyer, ADR Law: Commercial Real Estate, 2006 – 2021
- Leading Lawyer, Environmental & Construction, 2006 – 2020
- Leading Lawyer, Construction Law, 2006 – 2021
- Top 10 Construction Lawyers, 2011 – 2012, 2015
- Top 100 Real Estate-Related Lawyers, 2011 – 2012, 2015
- Super Lawyers
- Illinois, 2006 – 2009, 2011 – 2020, 2022 – 2023
- Top 100, Illinois, 2019
- Legal 500, Construction, 2006, 2011, 2016 – 2023
- PLC Which Lawyer, Construction, Chicago, 2008 – 2013
- Who's Who Legal
- Construction, Illinois, 2003 – 2015
- Construction, Illinois, Thought Leader, 2023
- Lawdragon, 500 New Stars, 2007
- Martindale-Hubbell, Peer Reviewed AV® Preeminent