Kelly Gindele

207 Thomas More Parkway
Crestview Hills, KY 41017, United States

You Paid to Build the Building, But Do You Own Its Design?

An owner can spend millions and millions of dollars to design and construct a state-of-the-art, one-of-a-kind building. But to the surprise of may owners, paying for the building's design does not automatically equate to owning…more
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Medicaid Takes The Spotlight In DOJ Stark Law Case

Hospitals and physicians rarely enter into a referral relationship involving Medicare patients without first considering the Stark law, but until recently, the government's enforcement efforts largely ignored Medicaid. Now,…more
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We Have A Contract, But Now It's Changed...

You have an enforceable contract in place, but something changes with the work. Maybe the Owner has made a scope change. Or perhaps inclement weather created a material delay. Whatever the reason, the change may be given…more
| Construction Law

Excusable Delays: Compensable or Not?

Every construction project incurs setbacks. Such setbacks may result in delayed performance by one or more trades. Such delays may be inexcusable, particularly if the trade caused the delay. Others may be "excusable" delays. …more
| Construction Law

Kentucky Open Records Act: Fixing the Loophole a Relief for Contractors

Countless privately owned construction companies earn some, or possible, most of their revenue from publicly awarded contracts. In the past in Kentucky, that could have equated to a private company being deemed a "public…more
| Construction Law

Kentucky's Model Procurement Code: State Funds Do Not Necessarily Require State Rules

Public-sector construction contracts can provide a wide berth of benefits but may also present a variety of practical and legal pitfalls. Such projects tend to be more financially stable, an important incentive in the current…more
| Construction Law

Contractors Beware: Does Kentucky's Model Procurement Code Apply to Your Project?

For all of their associated benefits, public-sector construction contracts can also present a wide variety of practical and legal pitfalls. Prospective contractors are subject to the political whims and preferences of whatever…more
| Construction Law

A Major Shift in Kentucky Condominium Law

In 1962, Kentucky enacted laws regarding condominium regimes. Since that time, the law has remained largely unchanged for nearly 50 years. Only two court cases have been decided under current law. Little guidance exists…more
| Construction Law

Owners: Say What You Mean and Do What You Say

According to the owner's wishes, contracts frequently require contractors to put changes to the work in writing in order to be compensated. However, throughout the construction project, owners often become lackadaisical with…more
| Construction Law

Contractor's Guide to Faster Payment

Particularly in this economy and construction market, contractors want to get paid for their work as quickly as possible. Delayed payments can have devastating effects. They can result in work stoppage, subcontractor disputes,…more
| Construction Law

Why An Owner Must Be Mindful Of Contractual Relationships

Oftentimes, in the context of a construction contract, there are three primary parties: (1) the owner of the project; (2) the architect, who is responsible for drawing up the various plans and blueprints necessary for the…more
| Construction Law

Limitations of Liability Provisions in Design Contracts: Just the Tip of the Iceberg

Owners and architects often disagree about limitation of liability clauses. Architects generally desire to limit their liability to their fee for service. However, if there is a design defect, the project can go bad quickly. …more
| Construction Law

How To Control The Owner's Risk in Construction

Controlling the risks inherent in a commercial construction project can be daunting, even for experienced owners. And the challenges are greater in today's economic environment. Experience shows that the risk of contractor…more
| Construction Law

No Time Left to File a Lien...What Can a Contractor Do?

Contractors often hear about the importance of filing a mechanic's lien if they are not paid for a particular job. However, what is not often discusses is what to do if the contractor is out of time to file a lien. Though a…more
| Construction Law

Does Your General Liability Policy Cover Construction Defects?

Courts across the country are increasingly denying policyholders coverage for construction defect claims. Construction companies need to ensure that their policies sufficiently protect them against construction defect claims. …more
| Construction Law
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Areas of Practice
  • Construction Law
  • Real Estate
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