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GENERAL OVERVIEW Ken is an attorney whose practice areas include Commercial Litigation and Business Law, with a special emphasis on construction contracts and performance disputes, real estate contracts and development. He is a general contractor and construction manager, specializing in small to mid-size residential and commercial renovations and new home construction. His practice areas include business entity formation; transactional matters; purchase, sales, financing and leasing of real property, including loan modifications and workouts; trademark and business litigation and construction ADR. He represents consumers, lenders, architects, builders and subcontractors. He has represented a wide variety of businesses on matters including employment issues. He has also trained business managers on a variety of civil rights topics including Americans with Disabilities Act (ADA) compliance in the real estate and employment; reasonable accommodations; non-discrimination; fair housing; sexual harassment internal investigations and gender sensitivity issues. Ken is well-qualified as a mediator and as an arbitrator in all manner of business, employment and contractual disputes, real estate and construction. He is the Maryland and Washington, DC representative for Construction Dispute Resolution Services, LLC., an international provider of construction ADR services. He served in leadership positions on the MD State Bar Association Construction Law Section Council and the MD State Bar Association Alternative Dispute Resolution Section Council. Currently he is co-chair of the Montgomery County Bar Association ADR Section. Ken has substantial first-party real estate development and construction management experience including mixed use office/retail/residential projects; Intermediate Care Facility for the Mentally Retarded; Adolescent Psych-Ed Facility (tenant: DC Government Public Schools); Half-way houses for alcoholics in recovery; headquarters of Maryland Higher Education Commission (tenant: State of MD); methadone clinic (tenant: Anne Arundel County, MD); historic renovations; restaurant build-outs; apartment and office building development and condominium conversions. Ken is proficient in commercial and retail leasing, residential property management and brokerage sales management operations.
Vogel Builders, Inc. (Previous). BAR ADMISSIONS
PROFESSIONAL ASSOCIATIONS Bar Associations:
Montgomery County Bar Association, active in the ADR Section (co-Chair 2015 to present); District Court Bench-Bar Committee; Commercial Litigation Section and Real Estate Section. Past Bar Leadership Service includes the Continuing Legal Education Committee. Section memberships have included Employment and Intellectual Property law. Maryland State Bar Association leadership positions: Construction Law Section Council (2012 - 2015) and the MD State Bar ADR Section Council (2009-2012). Membership in bar sections have included Alternative Dispute Resolution, Real Estate, Construction. Greater Capital Area Association of Realtors® As a general contractor and construction manager, previous memberships included
EDUCATION AND TRAINING Ken is a cum laude graduate of Duke University in Durham, North Carolina. He earned his law degree at The American University, Washington College of Law, in Washington, D.C. Ken completed a two year graduate program in Psychology (counseling skills and theory) at the University of Santa Monica in California. ADR Training: Ken received extensive Alternative Dispute Resolution (ADR) training as a mediator and arbitrator, including training provided by the Maryland Courts, MICPEL, Construction Dispute Resolution Services and Mediation Matters. His course work includes Mediation; Collaborative Law; ADR in Maryland Circuit Courts; Theory, Practice and Rules of Arbitration; Advanced Alternative Dispute Resolution; and Dispute Review Boards. Ken completed construction courses in Construction Business Management, Construction Estimating and Solar Energy.
PROGRAM PRESENTATIONS “Sports Arbitration” “Advanced Alternative Dispute Resolution” “What Do Clients Want? Representing Architects, Contractors and Developers, Straight from the Source” “Construction Contracts, General Conditions, Risks and Damages” “Practical Issues in Construction Law: Technical Defenses to Construction Claims” “Recent Legislative Developments Affecting Construction” “Mediator Mindfulness” “Advanced Construction ADR- Commercial Disputes” “The Use of Mediation and Arbitration to Resolve Disputes and Lawsuits” “New Tricks for Old Mediators: Alternative Methods of Structuring Mediation” “A Trial Lawyer’s Guide to Successful Alternative Dispute Resolution” “County & Municipal Laws & Regulation” “Sale of a Business: Tax Matters For The General Business & Corporate Lawyer & CPA” “Use of Psychological Expert Witnesses in Criminal Evaluation and Sentencing” “Use of Psychological Expert Witnesses in Personal Injury Litigation” PUBLISHED ARTICLES “Conflicts of Use; Conflicts of Representation” “Binding Mediation?” “What’s the Scoop on Binding Mediation?” “A Perfect Hand: Arbitrating New Home Warrantees” “Psychology of Resolving Construction Disputes” “Alternative ADR for Construction Disputes: A Litigator’s Perspective” “Mediating Home Improvement Construction Disputes” “Bringing Peace to the House: Mediating Home Improvement Disputes”
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