Ken Roberts, chair of Venable’s Construction Law Group, concentrates his practice on construction law, project controls, and procurement contracts. Ken is consulted on a daily basis by procurement and risk management departments concerning every aspect of planned or ongoing construction projects. He engages in a range of services, including preparation and negotiation of contracts, project controls monitoring and advice during ongoing projects, negotiation of change orders and contract additions, alternate dispute resolution through mediation, arbitration, dispute review boards, and, when necessary, litigation.
By combining his skills as a litigator/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 also advised owners during contract negotiations and major procurements. He and his team have negotiated more than $35 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 multifaceted, complex disputes involving delays, disruption, and losses 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 and sat on and chaired several dispute resolution boards involving projects ranging in size up to $1 billion.
Ken is widely recognized for his successful use of alternate dispute resolution, 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.
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.
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 monitored construction-related and nuclear power plant litigation involving excess insurance and reinsurance issues. He has participated in numerous construction claims and other construction-related disputes on behalf of insurance carriers, and represented carriers on policy coverage issues. He also has extensive experience in government contract litigation, including representing a contractor in a state debarment proceeding, and government contract litigation.