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Matt McCubbins

Dispute Resolution:

Litigation, Arbitration, and Trial

Email: mattmccubbins@gmail.com
Ph: 502-262-0435
Ph: 212-404-8993

MATT’S FAEGRE DRINKER BIO

MATTMCCUBBINS

Matt McCubbins focuses on U.S. domestic litigation and international arbitration. Primarily, he represents clients in disputes involving construction, engineering, energy, transportation, mining, real estate development, and other infrastructure projects. Matt has practiced law for 15 years. He has been recognized by multiple organizations for his accomplishments, and he has consistently provided pro bono representation to various groups including Veterans.

Overview

Matt McCubbins helps clients resolve disputes arising from horizontal and vertical construction and infrastructure projects, and the development, operation, and management of income-generating real estate. Matt also has extensive experience advising clients on regulatory compliance issues and representing their interests in agency investigations and proceedings.

Matt has advocated for clients in all types of forums including negotiations, mediations, federal and state court litigation, administrative hearings, and arbitrations. He has been involved in cases and projects covering a broad array of sectors including energy; agricultural products/food processing; multi-family and student housing; retail and mixed use; hospitality; sports/recreation; education; hospitals/health care; building products and materials; industrial/automation; transportation (highway and rail); and mining.

Trial Experience

When trial proves unavoidable, Matt has the experience needed to deliver for clients. His trial experience includes actions involving breaches of contract; property acquisition; eminent domain; commercial landlord-tenant; retailer, hotel, and professional liability; and professional licensure defense. Over the past 15 years, Matt has litigated cases in Florida, Georgia, Indiana, Kentucky, Michigan, Minnesota, Ohio, Texas, and Washington D.C.

Construction and Infrastructure Project Litigation

Matt represents owners, contractors, design professionals, and subcontractors in construction and infrastructure project litigation, including cases involving:

  • Construction and design defects
  • Changed, differing, and concealed conditions
  • Default and termination
  • Delay and schedule claims
  • Extra or additional work
  • Indemnity and insurance
  • Mechanic’s and construction liens
  • Pay-if-paid and pay-when-paid provisions
  • Scope of work and project changes
  • Time and cost overruns

Real Estate Litigation

Matt also represents owners, developers, financial institutions, and title and property insurers in real property litigation, including cases involving:

  • Purchase/sale and development of real estate
  • Landlord-tenant
  • Deeds, mortgages, easements, title, and foreclosure
  • Eminent domain (governmental takings)
  • Escrow relationships/agreements
  • Fraud/misrepresentation
  • Property and title insurance (including bad faith)
  • Real property tax appeals

Regulatory Compliance and Administrative Law (Advisory and Litigation)

Matt has extensive experience representing clients before various state administrative agencies. He regularly provides advice and representation on regulatory compliance and in administrative proceedings, including matters involving:

Compliance with statutes, regulations, codes, and rules affecting construction and construction-design
Professional and state licensure issues and investigations (Architect, Engineer, Contractor, Professional Business Entities, etc.)
Real property tax appeals

For example, Matt’s experience includes guiding an ENR top 20 contractor through professional licensure matters in creating an engineering services subsidiary and entering multiple state markets. He also assisted one of the largest egg producers in the United States in navigating regulations and agricultural exemptions for the design-build of a new production facility. And Matt recently advised a well-known building products manufacturer on compliance with contractor licensing requirements in several states.

Bar Admissions

Florida
Indiana
Kentucky

Court Admissions

U.S. Court of Federal Claims
U.S. District Court for the Southern District of Florida
U.S. District Court for the Southern District of Indiana
U.S. District Court for the Northern District of Indiana
U.S. District Court for the Eastern District of Kentucky
U.S. District Court for the Western District of Kentucky

Education

Queen Mary University of London (University of London Institute in Paris)
LL.M candidate, Comparative and International Dispute Resolution (expected September 2023)

Case Western Reserve University School of Law
J.D. cum laude (2007)

Bellarmine University
B.A. in Economics (2000)

Professional Associations

International Bar Association — Dispute Resolution Section, Arbitration Committee
American Bar Association — Forum on the Construction Industry

Judicial Clerkships

Honorable Rodney D. Burress, Commonwealth of Kentucky Circuit Court, 2007-08

Civic Activities

Board Member, The Todd Crawford Foundation to Cure Paralysis, Inc. (April 2014 to Present)

Publications

Developments in Korean Corporate Governance: Progress Toward 21st Century Standards in an Emerging Economic Powerhouse, International Trade & Business Law Review, Vol. 11 (2008)

Languages

English (native)
French (intermediate)

Honors

Faegre Drinker Pro Bono Honor Roll, 2020-21
Faegre Baker Daniels Pro Bono Honor Roll, 2018-19
Indiana Super Lawyers — Rising Stars (Business Litigation), 2018
Kentucky Super Lawyers — Rising Stars (General Litigation), 2013-17
National Institute of Trial Advocacy (NITA), National Session Trial Skills Certificate, 2015
National Trial Lawyers Association — Top 40 under 40 in Kentucky, 2012

Personal Interests

Matt has completed three Ironman triathlons (Cozumel-1; Louisville-2) and continues to swim, bike, and run. He was also a member of the Bellarmine University baseball team. Matt has lived in Chicago and New York and enjoys visiting and exploring large cities.