In over 3 decades of varied and diverse practice, Ken has practiced in the areas of civil
litigation, business and commerce litigation, procurement, construction consultation and
litigation, environmental law, landfill closures, trust litigation, business formation and
dissolutions, sales of businesses, litigating fraudulent transfer claims, employment disputes,
stock broker arbitrations, insurance claims and litigation, surety law, and complex contract and
procurement litigation. For over a decade Ken has maintained the highest peer review rating
provided by Martindale-Hubbell, that being an “AV” rating. This indicates the highest level of
legal ability and ethics. Ken is recognized as a top Kentucky lawyer by Super Lawyers. Ken is
also a certified mediator.
In connection with handling complex contract/construction litigation for owners,
general contractors, and sub-contractors, Ken has successfully handled such issues as:
– Termination of non-performing subcontractors;
– Negotiation of fixed price and Guaranteed Maximum Price (GMP) contracts;
– Investigation of structural failures;
– Litigation regarding construction failures and defects;
– Handling of change order disputes;
– Handling of litigation associated with claims for delay and acceleration costs;
– Insurance coverage disputes; and
– The resolution of mechanic’s liens.
In 2015, Ken and CS&S represented the City of Louisville and defeated an administrative
petition to landmark a building as a historic property on the site designated for the construction
of the Omni Hotel in downtown Louisville. CS&S’s representation helped enable this multimillion
dollar project to move forward.
Furthermore, Ken has extensive experience in handling major lawsuits associated with
the Kentucky Model Procurement Code, KRS Chapter 45A (KMPC) in connection with
construction projects. For example, Ken and his partners at CS&S served as counsel to the
Commonwealth of Kentucky, Finance and Administration Cabinet in regards to three separate
actions before the Franklin Circuit Court, Franklin County, Kentucky concerning procurements
associated with the construction of the Louisville Arena project (now known as the Yum!
Center). They were successful in obtaining an opinion from the Kentucky Court of Appeals
affirming sovereign immunity for the Commonwealth. (Louisville Arena Authority, Inc. v. RAM
Engineering and Construction, Inc., 415 S.W.3d 671 (Ky. App. 2013).
Ken and his CS&S partners also served as counsel to the Finance and Administration
Cabinet in defense of the procurement and contract termination claims asserted by Bluegrass
Equine and Tourism Foundation, Inc. and KHPWESLUX, LLC in an action involving the
construction of the Kentucky Horse Park Hotel. The firm obtained a summary judgment for the
Commonwealth on all the plaintiffs’ claims and were successful in obtaining an affirming
opinion from the Kentucky Court of Appeals. (Bluegrass Equine and Tourism Foundation, Inc.
and KHPWESLUX, LLC v. Commonwealth, 2013 WL 1919567 (Ky. App.).
Ken and his CS&S partners were also retained as counsel for the Finance and
Administration Cabinet, the Cabinet for Health and Family Services, and the Department of
Medicaid Services to defend in a series of litigations involving contractual disputes in cases brought
by the managed care organization, Kentucky Spirit Health Plan, Inc. in the Franklin Circuit Court,
Franklin County, Kentucky (Case No. 12-CI-1373; 13-CI-86; 13-CI-458; 15-CI-891). They were
successful in obtaining summary judgment rulings for the Commonwealth regarding contract
issues from the Franklin Circuit Court. In 2015, on appeal, they successfully defended these
contract rulings and reversed a writ of prohibition. (Kentucky Spirit Health Plan, Inc. v.
Commonwealth of Ky., Finance and Admin. Cabinet, et al., 2015 WL 510852 (Ky. App.); Kentucky
Spirit Health Plan, Inc. v. Commonwealth of Ky., Finance and Admin. Cabinet, et al., 462 S.W.3d
723 (Ky. App. 2015); Commonwealth of Ky., Finance and Admin. Cabinet, et. al., 460 S.W.3d 843
(Ky. 2015). In 2016, they were successful in obtaining a substantial settlement recovery and a
dismissal of all claims against the Cabinet.
Ken is also a former assistant county attorney for Jefferson County, Kentucky. During
that time he gained much experience representing public agencies.
Ken and his wife, Sharon, are lifelong residents of Louisville Kentucky. Ken’s non-law
interests include participating in various training and athletic endeavors (he is an inductee in
the Bellarmine University Athletic Hall of Fame), improving his mediocre guitar skills, riding his
Triumph motorcycle, and spoiling his four grandsons.