Matthew R. McCubbins

Associate

Overview

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

Matt advocates for clients in all types of forums including negotiations, mediations, federal and state court litigation, administrative hearings and arbitrations before the American Arbitration Association and JAMS. He has been involved in cases and projects covering an 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.

Matt contributes to Faegre Drinker’s On Construction Law blog, which expounds on topics from the firm-affiliated treatise, Bruner & O’Connor on Construction Law, published by Thomson Reuters.

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. Matt has over 10 years of extensive experience in Indiana and Kentucky courts. He has also litigated cases in Florida, Georgia, Michigan, Minnesota, Ohio and Texas.

Construction Litigation

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

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

Real Estate Litigation

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

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

Regulatory Compliance & Administrative Law (Advisory & Litigation)

Matt previously worked at a boutique regulatory law firm, and he has extensive experience representing clients before various state administrative agencies. Matt advises and represents clients 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 (for architects, contractors, engineers, professional business entities, etc.)
  • Real property tax appeals

For example, Matt’s experience at Faegre Drinker 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.

Personal Interests

Matt has completed three Ironman triathlons since 2013 (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, often taking in a baseball game when possible.

Credentials

Bar Admissions

Florida
Kentucky
Indiana

Court Admissions

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

Clerkships

Commonwealth of Kentucky Circuit Court, 55th Judicial District, Hon. Rodney D. Burress, 2007-2008

Education

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

Bellarmine University
B.A. in Economics (2000)

Leadership & Community

Professional Associations

  • American Bar Association — Forum on the Construction Industry
  • Indiana Bar Association
  • Kentucky Bar Association
  • Florida Bar Association

Civic Activities

  • Board Member – The Todd Crawford Foundation to Cure Paralysis, 2014-present

Honors

  • Faegre Drinker — Pro Bono Honor Roll, 2020 
  • 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 Intensive, Certificate of Completion, 2015
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