One of Mary Kay’s first cases out of law school was a construction lawsuit where she represented a developer of a condominium project, and she has been practicing construction law since then. Mary Kay began her practice in South Carolina, where she represented homeowners in construction defect lawsuits as well as general contractors and sureties. Mary Kay then took a position with Wickwire Gavin, a national construction boutique law firm, where she continued as a construction litigator and eventually became a partner. While with her firm, Mary Kay represented commercial owners, general contractors, design professionals, sureties and specialty contractors in a variety of construction related cases.
After over 12 years of private practice, Mary Kay left her firm to go in-house with a multi-national design firm, followed by a commercial contractor, and most recently with a heavy civil contractor. Through her 13 years of in-house work, Mary Kay assisted her companies with a variety of issues that most general contractors face day-to-day. Mary Kay has developed a unique understanding of the financial and business side of the construction industry related to pricing, bidding, insurance, job site staffing and layout, productivity and efficiencies in the work flow, and the real-life situations that arise on an active job site.
Mary Kay is licensed to practice law in Colorado, Wisconsin and South Carolina, and is on the panel of construction arbitrators for the American Arbitration Association.
- Negotiated a design/build contract for a federal contractor on USDOE energy research facility lab valued at approximately $130 million.
- Negotiated IPD contract for a nonprofit research and educational foundation with net zero and energy efficiency requirements, valued at approximately $7.5 million.
- Negotiated multiple EPC/balance of plant contracts with a solar energy firm for large solar fields throughout the western United States.
- Assisted with contract close out and documentation of a GSA border crossing building.
- Assisted with negotiating with subcontractors and an owner when the owner partially terminated a contract for convenience.
- Assisted with negotiating a temporary suspension of a project when the developer suspended work in order to secure substitute financing.
- Reviewed and negotiated numerous owner/general contractor agreements on a wide variety of commercial and infrastructure projects including high rise residential, hospitals, state and federal buildings, senior care, biotechnology laboratories, historic renovations, and large commercial office complexes.
- Arbitrated claim by well-known drilling contractor against municipality and engineering firm for payment issues related to differing site conditions and change orders resulting in favorable decision from arbitration panel.
- Successfully prepared and presented claim to surety on performance and payment bonds on behalf of municipality due to default of the general contractor on infrastructure improvement contract because of delay, subcontractor payment, and workmanship issues.
- Drafted and argued successful motion to dismiss claim against design professional firm for errors and omissions brought by large commercial owner and general contractor relating to site inspection services and preparation of design documents.
- Represented and advised large micro-chip manufacturer in multi-tiered settlement of dispute with design-builder of a chip fabrication facility that had resulted in multiple mechanic’s lien claims, and litigation related to definition of design requirements, payment issues, and schedule delay claims.
- Obtained partial summary judgment for city government in litigation with the design-builder related to differing site conditions, change orders, workmanship and schedule delays in an environmental remediation project.
- Successfully defended claim against general contractor by owners of a residential project for delay and workmanship issues, resulting in arbitration decision in favor of general contractor on counter-claims for payment.
- Drafted and argued successful motion to dismiss claims brought by subcontractor against general contractor based on change orders and payment issues.
- Mediated numerous construction defect matters on behalf of condominium associations resulting in multi-million dollar settlements.
- Mediated large schedule and delay claim against title insurance companies resulting in favorable settlement after developer declared bankruptcy.