Contact Ken at ken@kbdisputeresolution.com
Ken Beehler is an expert in construction dispute resolution and mitigation. Ken is well-versed and experienced in the issues that arise on complex construction projects and has the background to understand and help the parties work through their disputes to reach an equitable resolution to construction claims. Ken completed the Dispute Resolution Board Foundation DRB Administration and Practice training and is available to serve on DRBs.
Ken began his career as a litigator, during which he helped resolve complex cases involving construction and contract-related disputes. As an attorney, Ken evaluated the merits of cases by conducting focused discovery, assessed legal remedies, and worked closely with experts to calculate damages. Ken drafted numerous dispositive motions and prepared cases for trials, mediation, and arbitration. His experience spanned a variety of construction claims, including construction defect, design defect, site liability, indemnity between subcontractors, product liability for defective equipment, and insurance coverage. Additionally, Ken handled numerous cases alleging breach of contract, estoppel, fraud, breach of fiduciary duty, and patent infringement. Through this experience, Ken gained a nuanced and intimate knowledge of both construction and contract law.
After several years as a practicing attorney, Ken transitioned to working directly in the construction engineering industry as a Senior Vice President with WSP USA. In this role, Ken was an integral part of numerous high-profile projects across the U.S., on which he employed his legal background to help resolve construction claims and disputes, as well as advise on procurement processes with a focus on mitigating the risk of claims and change orders.
For six years, Ken was the Senior Contract Manager on the Gerald Desmond Bridge Replacement Project in Long Beach, California, where he helped the Port of Long Beach evaluate the merits of change order requests, develop responses to change order requests, and advise the Port on the settlement of issues through partnering and other alternative dispute methods. When claims could not be resolved informally, Ken drafted materials for submission to the Dispute Resolution Board and the project neutral, including position statements and presentations. In performing this work, Ken worked closely with the project’s engineers to evaluate contractual compliance and develop narratives that explained complex topics in a digestible manner for purposes of dispute resolution. During his years at WSP, Ken performed similar services for agencies in Arizona, Maryland, Virginia, Utah, and Missouri.
In addition to his direct involvement in claims and disputes, a large focus on Ken’s time at WSP involved the procurement of contractors, with a focus on projects using alternative delivery methods such as design-build, progressive design-build, Construction Manager/General Contractor, and Public-Private-Partnerships. For these projects, Ken led the development of the procurement documents, including preparation of the contract documents that accompanied RFPs.
When developing contracts, Ken focused on mitigating the risk of claims and disputes by helping implement effective processes for change orders, removing ambiguity from contract language, and working with the contractor industry to develop equitable risk allocation provisions. Ken frequently attended one-on-one meetings to understand contractual concerns around risk and disputes, and advised owners on developing contract language providing for equitable solutions to project risks. In addition, Ken took part in negotiations to commercial close, during which he helped mediate resolutions to sticking points, ultimately resulting in successful close of several high-profile projects.
Ken graduated from New York University School of Law with his Juris Doctor in 2010 and from New York University with a B.A. in Economics in 2007.*
Ken Beehler Dispute Resolution LLC is a California certified Small Business for the Purpose of Public Works (SB-PW) and certified Small Business (Micro).
Disclaimer: Although licensed as an attorney, Ken does not practice law and does not provide legal counsel.
Ken Beehler Dispute Resolution LLC 