WEBVTT
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Hello, and welcome to Mitchell Williams Insights, where we discuss legal topics with Mitchell Williams attorneys who bring strategy and experience to the issues many corporate clients are facing.
00:00:12.240 --> 00:00:15.839
Construction projects don't begin when the shovel hits the ground.
00:00:16.000 --> 00:00:21.920
They start with planning, compliance, risk management, and countless proactive decisions.
00:00:22.079 --> 00:00:29.679
From concept to completion, legal guidance is essential to aligning the many moving parts behind every successful project.
00:00:29.920 --> 00:00:33.600
We are thrilled to have attorney Devin Kulkbrenner joining us today.
00:00:33.840 --> 00:00:46.079
Drawing on her experience both in private practice and as in-house counsel, Devin serves as a trusted advisor to a wide variety of clients, supporting construction projects through every stage.
00:00:46.399 --> 00:00:48.399
Devin, thank you for being here.
00:00:48.560 --> 00:00:50.799
I'm really looking forward to our conversation.
00:00:50.960 --> 00:00:53.759
To get us started, tell us about your practice.
00:00:53.920 --> 00:00:55.840
What do you do at Mitchell Williams?
00:00:56.159 --> 00:00:56.960
Devon Okay, yes.
00:00:57.119 --> 00:01:02.799
So I focus on construction and it's sort of the business of construction.
00:01:02.960 --> 00:01:19.439
So it it's everything from developing deals, the real estate work to the commencement of construction, bidding, things like that, to the actual construction itself and all of the contracts and agreements between all the stakeholders.
00:01:19.680 --> 00:01:38.560
And then, you know, managing that process, addressing and analyzing any risk that may come up, and then afterwards, you know, potentially dealing with any disputes or payment issues so that we can get everything completed and all of our uh, you know, ducks in a row, so to speak.
00:01:38.799 --> 00:01:48.480
I on a daily basis, I could work on things from owner contracts to subcontract agreements, purchase agreements, um, NDAs.
00:01:48.799 --> 00:01:50.079
It really varies.
00:01:50.239 --> 00:02:17.199
And so when I say the business of construction, it's it's everything that it takes that you need to have in place to take an idea from the beginning before all of the parties get involved, when maybe it's just an owner and an architect, all the way to the end when we're, you know, inside a completely finished building and um it's being used for its intended purpose.
00:02:17.280 --> 00:02:24.400
And and so everything involved in that is um, you know, how I can help and what I do every day.
00:02:24.879 --> 00:02:27.759
Construction law isn't something we hear about every day.
00:02:28.000 --> 00:02:29.840
What led you to this practice area?
00:02:30.319 --> 00:02:38.960
So out of law school, I happened to um join a construction company as in-house counsel.
00:02:39.199 --> 00:02:50.479
They it was new for them to have attorneys on staff, and there was one I had gone to school with, and so she they were happy with how that was working out, and so they asked me to come as well.
00:02:50.560 --> 00:03:10.639
And and I was, you know, I thought it could be a temporary thing, but once I got started, I enjoyed the variety of work, um, everything from insurance to disputes and arbitration to, you know, it was a constant changing environment, and so it it made my work uh interesting and never boring.
00:03:10.719 --> 00:03:19.439
And so I worked there and grew really a a non-existent legal department into a fully functioning one.
00:03:19.599 --> 00:03:47.360
And so it allowed me to specialize in the field and really get to know the industry from the inside, which is something that I think sets me apart from a lot of um of my colleagues in the construction world because I have hands-on knowledge and I sort of I know the the reality um of what happens on the day-to-day during construction.
00:03:47.439 --> 00:03:59.120
And so I can use that knowledge and experience to be a good business partner to my clients and, you know, offer advice and um based on my experience.
00:03:59.199 --> 00:04:05.280
And I think that that is um valuable and I'm proud to be able to do that for them.
00:04:05.759 --> 00:04:11.280
So not only are you bringing your legal experience, but you're also able to bring some job site credibility.
00:04:11.599 --> 00:04:12.479
Yeah, a little bit.
00:04:12.560 --> 00:04:13.360
You know, it does.
00:04:13.520 --> 00:04:32.879
I feel like I can speak the, speak the speak, talk the lingo, and um it's interesting when I've had clients maybe who I'm meeting for the first time and they're trying to get a feel for this, you know, construction attorney that they've been uh told about, and we start chatting about their issue.
00:04:33.120 --> 00:04:42.319
And, you know, they may feel like they need to explain things to me at first, but you know, I think they quickly realize that I am totally on their same page.
00:04:42.399 --> 00:04:46.560
And that allows us to get to the heart of the matter.
00:04:46.720 --> 00:05:05.279
Um, when I can speak the speak and I understand what they're talking about, um, you know, we can connect on the level necessary for me to be able to provide them my best uh advice where there's not a huge learning curve of where I'm trying to understand what they mean by something or, you know, it it's it's not foreign to me.
00:05:05.360 --> 00:05:06.399
So it's helpful.
00:05:06.720 --> 00:05:09.600
You're advising your clients on so many different levels.
00:05:09.759 --> 00:05:12.240
Can you tell us what that looks like day to day?
00:05:12.480 --> 00:05:14.560
What solutions are you bringing to the table?
00:05:14.879 --> 00:05:23.360
On a daily basis, I offer legal advice, talk through challenges that they may have and allow them to bounce ideas off of me.
00:05:23.439 --> 00:05:33.439
Um, I work on contract negotiations, I create templates and forms for them to utilize on their downstream subcontractors and suppliers.
00:05:33.680 --> 00:05:40.480
I work on policies that they may have through the bid process or how they handle changes.
00:05:40.800 --> 00:05:43.839
I will help with dispute uh resolution.
00:05:44.240 --> 00:05:49.120
You know, we can talk through a problem and figure out how to resolve it and avoid litigation.
00:05:49.439 --> 00:05:58.000
A big part of what I do is help them manage risk, and that's either through contract language or how they respond to claims or demands.
00:05:58.240 --> 00:06:04.240
And everything that that we do is about uh shifting risk, transferring it, and protecting ourselves against it.
00:06:04.639 --> 00:06:10.160
And do you ever drive past a completed project or a building and think I helped make that happen?
00:06:10.399 --> 00:06:11.279
I do, yeah.
00:06:11.519 --> 00:06:36.000
And I also I I'm so impressed, I think, that when you I mean, I don't call it a miracle, but you know, a lot of parts come together to make these things happen, especially I mean, the larger the development, the the more people involved, the more work that's being done, but also just the, you know, more coordination, the bigger the safety concerns, you know.
00:06:36.240 --> 00:06:59.360
So when these big developments and even small ones, I mean, I'm impressed by all of it because I've done some hands-on DIY construction work myself, and you really uh realize that it's hard work, just the work itself, like the manual labor, but then also the the coordination and the sequencing and just making things run smoothly.
00:06:59.519 --> 00:07:04.480
And then at the end of the day, having this complete project, you know, it's um it's really impressive.
00:07:04.639 --> 00:07:08.959
They have this like visible, physical manifestation of all this hard work.
00:07:09.199 --> 00:07:10.000
So it's great.
00:07:10.480 --> 00:07:12.720
Tell me more about all the moving parts involved.
00:07:13.040 --> 00:07:22.480
It starts with land deals, zoning, clearing properties of trees and any other um encumbrances.
00:07:22.639 --> 00:07:28.000
It's working with a design team to make your idea, you know, what you're picturing in your head.
00:07:28.240 --> 00:07:38.480
And that involves an entire process of its own of um starting with very rudimentary sketches to complete construction drawing sets.
00:07:38.800 --> 00:07:53.839
So, you know, it it's really uh complicated, but also everybody sort of plays a role that's important to the process, and it's sort of like a puzzle that it all has to come together to make this, you know, bigger picture.
00:07:54.240 --> 00:07:56.800
Thank you so much for your valuable insights.
00:07:56.959 --> 00:07:58.879
It's really been a pleasure to talk with you.
00:07:59.120 --> 00:08:01.120
Thank you so much for having me.
00:08:01.680 --> 00:08:07.199
You've been listening to Mitchell Williams Insights with attorney Devin Kulkbrenner on construction law.
00:08:07.360 --> 00:08:14.720
To learn more about Devin's practice and to find other discussions with Mitchell Williams attorneys, visit Mitchell Williamslaw.com.
00:08:14.959 --> 00:08:16.240
Thank you for listening.
00:00:00.640 --> 00:00:11.919
Hello, and welcome to Mitchell Williams Insights, where we discuss legal topics with Mitchell Williams attorneys who bring strategy and experience to the issues many corporate clients are facing.
00:00:12.240 --> 00:00:15.839
Construction projects don't begin when the shovel hits the ground.
00:00:16.000 --> 00:00:21.920
They start with planning, compliance, risk management, and countless proactive decisions.
00:00:22.079 --> 00:00:29.679
From concept to completion, legal guidance is essential to aligning the many moving parts behind every successful project.
00:00:29.920 --> 00:00:33.600
We are thrilled to have attorney Devin Kulkbrenner joining us today.
00:00:33.840 --> 00:00:46.079
Drawing on her experience both in private practice and as in-house counsel, Devin serves as a trusted advisor to a wide variety of clients, supporting construction projects through every stage.
00:00:46.399 --> 00:00:48.399
Devin, thank you for being here.
00:00:48.560 --> 00:00:50.799
I'm really looking forward to our conversation.
00:00:50.960 --> 00:00:53.759
To get us started, tell us about your practice.
00:00:53.920 --> 00:00:55.840
What do you do at Mitchell Williams?
00:00:56.159 --> 00:00:56.960
Devon Okay, yes.
00:00:57.119 --> 00:01:02.799
So I focus on construction and it's sort of the business of construction.
00:01:02.960 --> 00:01:19.439
So it it's everything from developing deals, the real estate work to the commencement of construction, bidding, things like that, to the actual construction itself and all of the contracts and agreements between all the stakeholders.
00:01:19.680 --> 00:01:38.560
And then, you know, managing that process, addressing and analyzing any risk that may come up, and then afterwards, you know, potentially dealing with any disputes or payment issues so that we can get everything completed and all of our uh, you know, ducks in a row, so to speak.
00:01:38.799 --> 00:01:48.480
I on a daily basis, I could work on things from owner contracts to subcontract agreements, purchase agreements, um, NDAs.
00:01:48.799 --> 00:01:50.079
It really varies.
00:01:50.239 --> 00:02:17.199
And so when I say the business of construction, it's it's everything that it takes that you need to have in place to take an idea from the beginning before all of the parties get involved, when maybe it's just an owner and an architect, all the way to the end when we're, you know, inside a completely finished building and um it's being used for its intended purpose.
00:02:17.280 --> 00:02:24.400
And and so everything involved in that is um, you know, how I can help and what I do every day.
00:02:24.879 --> 00:02:27.759
Construction law isn't something we hear about every day.
00:02:28.000 --> 00:02:29.840
What led you to this practice area?
00:02:30.319 --> 00:02:38.960
So out of law school, I happened to um join a construction company as in-house counsel.
00:02:39.199 --> 00:02:50.479
They it was new for them to have attorneys on staff, and there was one I had gone to school with, and so she they were happy with how that was working out, and so they asked me to come as well.
00:02:50.560 --> 00:03:10.639
And and I was, you know, I thought it could be a temporary thing, but once I got started, I enjoyed the variety of work, um, everything from insurance to disputes and arbitration to, you know, it was a constant changing environment, and so it it made my work uh interesting and never boring.
00:03:10.719 --> 00:03:19.439
And so I worked there and grew really a a non-existent legal department into a fully functioning one.
00:03:19.599 --> 00:03:47.360
And so it allowed me to specialize in the field and really get to know the industry from the inside, which is something that I think sets me apart from a lot of um of my colleagues in the construction world because I have hands-on knowledge and I sort of I know the the reality um of what happens on the day-to-day during construction.
00:03:47.439 --> 00:03:59.120
And so I can use that knowledge and experience to be a good business partner to my clients and, you know, offer advice and um based on my experience.
00:03:59.199 --> 00:04:05.280
And I think that that is um valuable and I'm proud to be able to do that for them.
00:04:05.759 --> 00:04:11.280
So not only are you bringing your legal experience, but you're also able to bring some job site credibility.
00:04:11.599 --> 00:04:12.479
Yeah, a little bit.
00:04:12.560 --> 00:04:13.360
You know, it does.
00:04:13.520 --> 00:04:32.879
I feel like I can speak the, speak the speak, talk the lingo, and um it's interesting when I've had clients maybe who I'm meeting for the first time and they're trying to get a feel for this, you know, construction attorney that they've been uh told about, and we start chatting about their issue.
00:04:33.120 --> 00:04:42.319
And, you know, they may feel like they need to explain things to me at first, but you know, I think they quickly realize that I am totally on their same page.
00:04:42.399 --> 00:04:46.560
And that allows us to get to the heart of the matter.
00:04:46.720 --> 00:05:05.279
Um, when I can speak the speak and I understand what they're talking about, um, you know, we can connect on the level necessary for me to be able to provide them my best uh advice where there's not a huge learning curve of where I'm trying to understand what they mean by something or, you know, it it's it's not foreign to me.
00:05:05.360 --> 00:05:06.399
So it's helpful.
00:05:06.720 --> 00:05:09.600
You're advising your clients on so many different levels.
00:05:09.759 --> 00:05:12.240
Can you tell us what that looks like day to day?
00:05:12.480 --> 00:05:14.560
What solutions are you bringing to the table?
00:05:14.879 --> 00:05:23.360
On a daily basis, I offer legal advice, talk through challenges that they may have and allow them to bounce ideas off of me.
00:05:23.439 --> 00:05:33.439
Um, I work on contract negotiations, I create templates and forms for them to utilize on their downstream subcontractors and suppliers.
00:05:33.680 --> 00:05:40.480
I work on policies that they may have through the bid process or how they handle changes.
00:05:40.800 --> 00:05:43.839
I will help with dispute uh resolution.
00:05:44.240 --> 00:05:49.120
You know, we can talk through a problem and figure out how to resolve it and avoid litigation.
00:05:49.439 --> 00:05:58.000
A big part of what I do is help them manage risk, and that's either through contract language or how they respond to claims or demands.
00:05:58.240 --> 00:06:04.240
And everything that that we do is about uh shifting risk, transferring it, and protecting ourselves against it.
00:06:04.639 --> 00:06:10.160
And do you ever drive past a completed project or a building and think I helped make that happen?
00:06:10.399 --> 00:06:11.279
I do, yeah.
00:06:11.519 --> 00:06:36.000
And I also I I'm so impressed, I think, that when you I mean, I don't call it a miracle, but you know, a lot of parts come together to make these things happen, especially I mean, the larger the development, the the more people involved, the more work that's being done, but also just the, you know, more coordination, the bigger the safety concerns, you know.
00:06:36.240 --> 00:06:59.360
So when these big developments and even small ones, I mean, I'm impressed by all of it because I've done some hands-on DIY construction work myself, and you really uh realize that it's hard work, just the work itself, like the manual labor, but then also the the coordination and the sequencing and just making things run smoothly.
00:06:59.519 --> 00:07:04.480
And then at the end of the day, having this complete project, you know, it's um it's really impressive.
00:07:04.639 --> 00:07:08.959
They have this like visible, physical manifestation of all this hard work.
00:07:09.199 --> 00:07:10.000
So it's great.
00:07:10.480 --> 00:07:12.720
Tell me more about all the moving parts involved.
00:07:13.040 --> 00:07:22.480
It starts with land deals, zoning, clearing properties of trees and any other um encumbrances.
00:07:22.639 --> 00:07:28.000
It's working with a design team to make your idea, you know, what you're picturing in your head.
00:07:28.240 --> 00:07:38.480
And that involves an entire process of its own of um starting with very rudimentary sketches to complete construction drawing sets.
00:07:38.800 --> 00:07:53.839
So, you know, it it's really uh complicated, but also everybody sort of plays a role that's important to the process, and it's sort of like a puzzle that it all has to come together to make this, you know, bigger picture.
00:07:54.240 --> 00:07:56.800
Thank you so much for your valuable insights.
00:07:56.959 --> 00:07:58.879
It's really been a pleasure to talk with you.
00:07:59.120 --> 00:08:01.120
Thank you so much for having me.
00:08:01.680 --> 00:08:07.199
You've been listening to Mitchell Williams Insights with attorney Devin Kulkbrenner on construction law.
00:08:07.360 --> 00:08:14.720
To learn more about Devin's practice and to find other discussions with Mitchell Williams attorneys, visit Mitchell Williamslaw.com.
00:08:14.959 --> 00:08:16.240
Thank you for listening.
