Jeffrey A. Kennard
- Construction and Design Litigation
- Business and Commercial Litigation
Represented and advised design-builders, contractors, design professionals, owners, and developers regarding construction-related matters, including: contract drafting and negotiation, contract disputes, government contracts and administrative claims, construction defect claims, delay and impact claims, mechanic's liens, and bond claims.
Served as lead counsel and successfully defended international EPC contractor in AAA arbitration arising from design and construction of Pennsylvania biodiesel facility under cost-plus contract. Owner of facility sought $19.4 million in damages arising from alleged design defects, purported financial irregularities, and alleged "mismangement" of project. Following three-week evidentiary hearing, arbitrators awarded owner less than one percent of amount claimed.
Served as lead counsel and obtained complete victory for Canadian manufacturing company in arbitration against international corporation for breach of distributorship agreement. Client was awarded all claimed damages, plus reimbursement of all administrative expenses and costs.
Served as lead counsel and successfully defended EPC contractor in JAMS arbitration arising from design and construction of oil-gas hydrocracker at Utah petroleum refinery. Piping subcontractor sought $14 million in damages for alleged delays, disruptions, and productivity losses. Secured favorable award following two-week evidentiary hearing.
Member of trial team that successfully defended publicly-traded mortgage company in action arising from unsuccessful acquisition of competitor. Plaintiff sought more than $50 million in actual and punitive damages. Following two-week trial in Los Angeles, judgment was entered in favor of client on all claims.
Served as lead counsel and successfully defended architect and engineers in arbitration arising from roof renovation of domed sports arena in South Dakota. Design-builder sued clients and sought more than $1.2 million in damages arising from alleged design errors. Design-builder dismissed all claims and paid clients’ fees after third day of arbitration hearing
Served as lead counsel and successfully defended design-builder in lawsuit arising from Oklahoma food processing facility. Owner sought $850,000 in damages for alleged design and construction defects. Client was awarded summary judgment on all claims, plus its attorney’s fees and costs.
Served as lead counsel and successfully defended engineering firm in multi-defendant personal injury action arising from collapse of dust collector system in industrial facility in St. Louis. Upon completing early assessment, successfully settled claims against client for fraction of projected defense costs. Plaintiff later obtained jury verdicts in excess of $2.5 million against other defendants.
- United States Supreme Court
- United States Court of Appeals for the Tenth Circuit
- U. S. District Court for the District of Kansas
- U. S. District Court for the Western District of Missouri
- U. S. District Court for the Northern District of Oklahoma
- U. S. District Court for the Western District of Oklahoma
- Kansas Supreme Court
- Missouri Supreme Court
- Oklahoma Supreme Court
Memberships & Recognitions:
- J.D., University of Kansas School of Law, 1994
- Staff Member, University of Kansas Law Review, 1993-94
- B.S., with highest distinction, University of Kansas, 1991
Recent Publications & Presentations:
- AV® Preeminent™ Peer Rating, Martindale-Hubbell
- "Best of the Bar" in Construction and Business Litigation, Kansas City Business Journal
- Founder and Past President, Construction Law Section of Kansas Bar Association
- Active member of ABA Forum on the Construction Industry
- Selected for inclusion in Super Lawyers, Construction Litigation 2008 to present
- Co-Author, Chapter 10-Midwest Region, 2012 Construction Law Update (Aspen Publishers)
- Co-Author, Introduction to Construction Contracts, Kansas Construction Law Handbook (2d ed.)
- Presenter, Navigating the Social Media Maze: How to Use Facebook, MySpace and Twitter as Litigation Tools (2011)
- Presenter, Electronic Discovery and the New Federal Rules, UMKC School of Law (2007)
- Presenter, Dealing With Outside Litigation Counsel, In-House Counsel Symposium (2006)
- Presenter, Negotiating and Drafting Construction Contracts, Kansas Bar Association (2006)
Jeff was born in Kansas City, Kansas, and raised in Basehor, Kansas. Jeff’s interests include music, recreational travel, and baseball. He and his wife, Rachel, have been married for 17 years and are raising their three children in Shawnee, Kansas.
Printable Bio (.PDF)