Keller, James R.

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Updated 4/8/2009

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Herzog Crebs LLP

100 North Broadway
14th Floor

St. Louis, MO 63102-2728

Phone: (314) 231-6700

Fax: (314) 231-4656

Contact Us


Summary

Current Employment Position(s)

Partner

Lawyer Overview

James R. Keller is a 1980 graduate of Washington University School of Law where he was the managing editor of the Urban Law Annual. Licensed to practice in Missouri and Illinois, he has extensive bench and jury trial experience in both state and federal courts. He also is an arbitrator and mediator. He concentrates his trial practice on civil litigation and appeals with an emphasis on complex business disputes, construction law, ADR and real estate. He has tried to conclusion more than 90 cases involving construction, breach of contract, real estate, condemnation, intellectual property, employment, environmental, health care, personal injury, trusts and estates, sale of business, consumer, computer and insurance fraud, admiralty, franchise and distributor rights, and criminal matters. He has briefed and argued more than fifteen appeals and tried more than 15 cases in arbitration. He also counsels clients on a wide range of matters.

Mr. Keller is a panelist with the American Arbitration Association "AAA" (Commercial and Construction Law Sections). He is a member of AAA's Construction Arbitrator Master Panel and the Large Complex Case Panel. He has been an arbitrator in more than 50 cases and a mediator in many cases involving commercial and construction disputes. He also writes the legal column for the St. Louis Construction News & Review. Mr. Keller is a member of the American Bar Association, the Missouri Bar and the Bar Association of Metropolitan St. Louis. Listed as a Super Lawyer in Missouri and Kansas Super Lawyers 2006 for Construction Litigation.

Mr. Keller has written more than 45 articles since 1999 related to his practice areas. One of his recent articles is the Annual Survey of the Law for ADR, which he presented at the Missouri Bar's ADR Conference on October 15, 2004 in Columbia, MO. To view this article as well as others, click on Herzog Crebs LLP. Articles

Areas of Practice

  • Litigation & Appeals
  • Construction Law
  • Alternative Dispute Resolution
  • Condemnation
  • Real Estate

West Practice Categories

Litigation & Appeals, Construction Law, Condemnation

Qualifications

Bar Admissions

  • Missouri, 1980
  • Illinois, 1984

Professional Associations and Memberships

  • Bar Association of Metropolitan St. Louis, 2003 - Present (Co-Chair, Construction Law Committee)
  • Missouri Bar Association, 2008 - 2009 (Chair, ADR Committee)
  • Missouri Bar Association (Member, Construction, Eminent Domain and ADR Committees)
  • American Bar Association, Construction, Litigation and ADR Sections (Member)
  • American Arbitration Association (Arbitrator/Neutral on the Commercial and Construction Law Panels)
  • American Arbitration Association (Member, Construction Arbitrator Master Panel)
  • American Arbitration Association (Member, Large Complex Case Panel)
  • American Arbitration Association, 2003 - Present (Chair, St. Louis Construction Advisory Committee)
  • Washington University Journal of Law & Policy, 2004 - Present (Advisory Board)
  • Lindbergh Alumni Association (Charter Life Member)
  • Saint Louis Symphony Orchestra (Past Member, Board of Trustees)
  • Saint Louis Symphony Orchestra (Past President of Encore)
  • Missouri Bar Association (Mediator)
  • St. Louis City and County Circuit Courts (Mediator)

Classes and Seminars

  • You Can Pay Me Now, Or You Can Pay Me (More) Later, Washington University, St. Louis, MO, May 10, 2006
  • Everything You Need to Know About Mechanic's Liens, Construction Law Committee of the Business Law Section of Bar Association of Metropolitan St. Louis, May 10, 2006
  • Legal Issues, Missouri Professional Engineers - St. Louis MO, November 17, 2005
  • Recent Developments in Alternative Dispute Resolution, American Arbitration Association's St. Louis, MO, February 4, 2005
  • Led discussion on "Is the Ultimate Award an Arbitrator's Only Power of Neutrals", American Arbitration Association's St. Louis, MO, October 28, 2004
  • Annual Survey of the Law, Missouri Bar's ADR Conference, Columbia, MO, October 15, 2004
  • Trainer for Arbitrator Continuing Education, American Arbitration Association Course on Award Writing for AAA Arbitrators, St. Louis, MO, August 26, 2004
  • Arbitrator's Perspective on Arbitration, Construction Law Seminar on A Practical Guide to Construction Arbitration, Bar Association of Metropolitan, St. Louis, MO, May 5, 2004
  • Arbitration Update in the Law, American Arbitration Association National Conference in San Antonio, TX, March 4, 2004 - March 5, 2004
  • Speaker, Ethical Issues in Construction and Alternative Dispute Resolution, National Business Institute at a seminar on Key Issues in Missouri Residential Construction Law, St. Louis, MO, February 18, 2004
  • Trainer, Arbitrator Continuing Education, Course on Managing Cases with Self-Represented Parties, American Arbitration Association, St. Louis, MO, February 13, 2004
  • Recent Developments in ADR: The Supreme Court, Eighth Circuit and Missouri, American Arbitration Association's St. Louis, MO, January 23, 2004
  • Instructor, American Arbitration Association Arbitrator, St. Louis, MO, December 8, 2003
  • Taking the Mystery Out of Construction Arbitration, Bar Association of Metropolitan St. Louis Construction Law Committee, St. Louis, MO, November 7, 2003
  • The Legal Minute, Topic: "Scope of Work; Additional Work; Extra Work,", Associated General Contractors of St. Louis, August 7, 2003
  • Recent Developments in ADR: The Supreme Court, Eighth Circuit and Missouri, American Arbitration Association's St. Louis, MO, June 30, 2003
  • Mock Construction Mediation, St. Louis Council of Construction Consumers, American Arbitration Association, Avoidance Seminar, St. Louis, MO, June 13, 2003
  • Speaker, Construction Claims, Bar Association of Metropolitan St. Louis Construction Law Committee, St. Louis, MO, May 8, 2003
  • How to Resolve Construction Disputes through Mediation and Arbitration, American Arbitration Association to the Associated General Contractors, St. Louis, MO, February 6, 2003
  • Recent Developments in ADR: Missouri and Eighth Circuit, American Arbitration Association's St. Louis, MO, February 4, 2003
  • Construction Dispute Resolution through Mediation and Arbitration, American Arbitration Association to the AIA, St. Louis, MO, January 8, 2003
  • Instructor, American Arbitration Association Arbitrator, St. Louis, MO, December 9, 2002
  • Annual Survey of the Law, ADR Conference, Missouri Bar, Lake of the Ozarks, MO, September 27, 2002
  • Let's Make a Deal: Understanding Construction Contracts - Dispute Resolution, Bar Association of Metropolitan St. Louis Construction Law Committee, St. Louis, MO, May 16, 2002
  • Recent Developments in Missouri ADR: What People Need to Know, American Arbitration Association, St. Louis, MO, March 1, 2002
  • Arbitration and Mediation, American Arbitration Association to Home Builders Association of Greater St. Louis, St. Louis, MO, August 28, 2001
  • Arbitration and Mediation, American Arbitration Association to the Engineer's Club, St. Louis, MO, June 26, 2001
  • Potential Defenses and Owner's Perspective, Dollars and Common Sense: Payment Issues on Construction Projects, Bar Association of Metropolitan St. Louis, Construction Law Committee, St. Louis, MO, May 17, 2001

Education

  • Washington University School of Law, St. Louis, Missouri, 1980
    J.D.

    Law Review: Urban Law Annual, Managing Editor, 1979 - 1980
  • University of Missouri, Columbia, Missouri, 1977
    B.J.
    Honors: Phi Kappa Phi

Articles

Published Works

  • The Current Law on ADR, St. Louis Bar Journal, Winter, 2006
  • Subcontractor Recovers $2,071,371 from Kansas City's Construction Authority, St. Louis Construction News & Review, p. 9, January-February, 2005
  • Subcontractor Recovers $2.5 Million on Contracts it Abandoned and Breached, St. Louis Construction News & Review, p. 30, November-December, 2004
  • Annual Survey of the Law for the Missouri Bar's ADR Conference, Columbia, MO, October 15, 2004
  • Subcontractor Recovers $4,000,000 on Abandoned Contract, St. Louis Construction News & Review, p. 18, September-October, 2004
  • Subcontractor Recovers $220,435 from General Contractor on Oral Contract, St. Louis Construction News & Review, p. 21, July-August, 2004
  • Conflicting Contract Provisions Erase Asbestos-Removal Contractor's Jury Award, St. Louis Construction News & Review, p. 13, May-June, 2004
  • Contractor Fault Not Required for Subcontractor to Recover, St. Louis Construction News & Review, p. 9, March-April, 2004
  • Recent Construction Cases Lengthen Time to Sue, St. Louis Lawyer, p. 9, February 4, 2004
  • Parents of Electrocuted Worker Cannot Sue Owner, Supervisor nor Engineer, St. Louis Construction News & Review, p. 9, January-February, 2004
  • Contractor's Performance Must be Workmanlike, St. Louis Construction News & Review, p. 11, November-December, 2003
  • Court Orders Contractor to Arbitrate Mechanic's Lien Claim, St. Louis Construction News & Review, p. 14, September-October, 2003
  • HBA Loses Challenge to Wildwood's Ordinance on Construction and Maintenance Deposits, St. Louis Construction News & Review, p. 18, July-August, 2003
  • Builders' Implied Warranty of Quality Extends to Work Beyond the Home, St. Louis Construction News & Review, p. 20, May-June, 2003
  • Contractors Recovers for Extra Work Without Written Change Orders, St. Louis Construction News & Review, p. 58, March-April, 2003
  • Appellate Courts Reverse Big Jury Verdicts for Two Fallen Construction Workers, St. Louis Construction News & Review, p. 9, January-February, 2003
  • Homeowners Defeat Contractors in Two Cases, St. Louis Construction News & Review, p. 10, November-December, 2002
  • Arbitration Update in Missouri: 2002, St. Louis Daily Record, The Countian and St. Charles County Business Record, November 27, 2002
  • Missouri Courts Split on Whether AIA Clause Indemnifies Owners, Contractors from their own Fault, St. Louis Construction News & Review, p. 22, September-October, 2002
  • Construction Law Update, 2002, An Active Year for Appellate Decisions, 16 Missouri Lawyers Weekly 965, September 23, 2002
  • Mechanic's Liens Cannot Include Equipment Rental Costs, St. Louis Construction News & Review, p. 18, May-June, 2002
  • Homeowner Can Sue More than Five Years After Learning of Problem, St. Louis Construction News & Review, pp. 22 and 24, March-April, 2002
  • Contractor Hits Home Run in Ball Field Topsoil Dispute, St. Louis Construction News & Review, p. 9, January-February, 2002
  • Alternative Dispute Resolution in Missouri: A Year in Review, St. Louis Daily Record, December 7, 2001
  • Contractor Must Pay Punitive Damages in Arbitration Case, St. Louis Construction News & Review, p. 21, November-December, 2001
  • Owner Defenses to Contractor Claims for Nonpayment, St. Louis Bar Journal, pp. 16-20, Fall, 2001
  • Missouri Judges Still Say: Show Me the Contract, St. Louis Construction News & Review, p. 16, July-August, 2001
  • Contractor Loses $450,000 Recovery Due to Lack of Documentation, St. Louis Construction News & Review, p. 13, March-April, 2001
  • Injured Repairman Recovers $9 Million in Dumbwaiter Accident, St. Louis Construction News & Review, p. 9, January-February, 2001
  • Missouri River Spawns Big Judgment for Massman Construction, St. Louis Construction News & Review, p. 22-27, November-December, 2000
  • A Terminated Contractor Recovers for Extra Work and Lost Profits, St. Louis Construction News & Review, p. 16, September-October, 2000
  • Courts Order Developers to Remove Roads, 14 Missouri Lawyers Weekly 1152, September 25, 2000
  • General Contractors Lose Three Recent Cases, St. Louis Construction News & Review, p. 20, May-June, 2000
  • Free Concrete Strength Test May Cause Costly Liability, St. Louis Construction News & Review, p. 22, March-April, 2000
  • Illinois' Consumer Fraud Act Affects the Construction Industry, St. Louis Construction News & Review, p. 17, November-December, 1999
  • Illinois' Consumer Fraud Act: A Primer on Recent Developments, Illinois Bar, vol. 87, no. 9, p. 474, September, 1999
  • Missouri Appellate Courts Decide Many Recent Construction Cases, 13 Missouri Lawyers Weekly 842, August 16, 1999
  • Front Loading Pay Request May Lead to Liability, St. Louis Construction News & Review, p. 5, July-August, 1999
  • Missouri Court Extends Architects/Engineers Liability, St. Louis Construction News & Review, p. 41, May-June, 1999
  • Alternative Dispute Resolution is Here to Stay, 13 Missouri Lawyers Weekly 586, May 24, 1999

Office Information

Address

100 North Broadway
14th Floor
St. Louis, MO 63102-2728

Phones

(314) 231-6700

Faxes

(314) 231-4656

Emails

Contact Us

Websites

http://www.herzogcrebs.com

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