Overview

Brian Clifford handles the legal needs of clients in the construction and property development industries. Brian has been involved in several billion dollars' worth of construction projects. His industry experience enables him to collaborate with clients and professionals in multiple disciplines to deliver effective and efficient results.

Brian represents owners, developers, investors, design-builders, contractors, automation technology integrators and specialty construction vendors in bringing projects online in locations throughout North America.

Property Development Transactions

Brian emphasizes risk management, claims avoidance and the prompt resolution of disputes to help his clients complete sophisticated, high-performance projects on time and on budget. He supports clients in:

  • Obtaining, negotiating and coordinating project financing agreements, development structures, and contract rights and obligations.
  • Selecting efficient project delivery methods and completing initial project feasibility and design tasks.
  • Performing risk assessments related to project agreements and participants.
  • Drafting and negotiating design, construction, supply, integration and other project contracts.
  • Instituting project controls and managing turnover and project operation.

Project Types

Brian advises clients in numerous types of private and public development projects, including:

  • Multi-family residential and mixed-use buildings.
  • Historic redevelopment projects.
  • Solar and wind energy generation projects.
  • Automated manufacturing facilities, including food processing projects.
  • Hospitals and health care facilities.
  • Class A office space campuses.

Development Dispute Resolution

Brian advocates for clients' rights in complex mediation, litigation and arbitration proceedings arising from development projects, including resolving construction defect and delay claims, payment disputes, insurance coverage claims, and bond and mechanic's lien actions.

Credentials

Bar Admissions

Indiana

Court Admissions

Indiana Supreme Court
U.S. District Court for the Northern District of Indiana
U.S. District Court for the Southern District of Indiana
U.S. District Court for the Central District of Illinois

Education

Indiana University Maurer School of Law
J.D. magna cum laude, Order of the Coif (2006)

Indiana University, Bloomington
B.A. (2003)

Insights & Events

Other Perspectives
  • The Legal Risks of BIM: Real or Imagined?
    ConstructionPro Network/WPL Publishing Co., Inc. (Webinar), October 2017
  • In-House Counsel Perspectives: Current Trends and Challenges
    Moderator, Faegre Baker Daniels Construction Law Summit, October 2017
  • Protecting Your Development from Mechanic’s Liens Nationwide
    Nationwide Multifamily Development Company, September 2017
  • Mechanic's Liens – Basic Understanding and Title Coverage
    First American Title Insurance Company (Indianapolis), June 2017
  • What Do I Do When the Customer’s Terms and Conditions Conflict with Mine?
    Control Systems Integrators Association Executive Conference, May 2017
  • A Guided Tour of the AIA A101 and A201 Contract Set
    Construction Technology Course (Dr. Mohammadpour), Indiana University-Purdue University Fort Wayne, March 2017
  • Introduction to Contract Documents
    Construction Technology Course (Dr. Mohammadpour), Indiana University-Purdue University Fort Wayne, November 2016
  • The Legal Risks of BIM: Real or Imagined?
    BIM User Group (Northern Indiana), October 2016
  • Owners’ Panel: Greatest Challenges, Fears and Legal Issues in the Next 5 Years
    Moderator, Faegre Baker Daniels Construction Law Summit, October 2016
  • The Legal Risks of BIM: Real or Imagined?
    ConstructionPro Network/WPL Publishing Co., Inc. (Webinar), September 2016
  • MORE Sticks & Bricks (Building Information Modeling Chapter)
    Co-Author, American Bar Association Forum on the Construction Industry
  • BIM Legal and Insurance Issues
    Co-Presenter, BIMForum (Orlando, Florida), October 2015
  • “It Was Just a One-Time Thing.” Advantages of Master Services Agreements
    Control Systems Integrators Association Newsletter, August 2015
  • Project Owners Share Successes and Lessons Learned Roundtable
    Moderator, Indiana Construction Association Northern Construction Roundtable, October 2014
  • A Fist Full of Dollars: Utilizing Surety Bonds & Payment Protection Strategies
    Faegre Baker Daniels Construction Law Summit, October 2014
  • The Negotiations (With Jokes)
    Control Systems Integrators Association Executive Conference, April 2014
  • Three Phrases That Should Raise Red Flags ("Free From Defects," "Best Efforts" and "Work-for-Hire")
    Control Systems Integrators Association Newsletter, December 2013
  • Q&A on Legal Issues for Design Professionals
    American Society of Civil Engineers, Indiana Section, Northeast Branch, December 2013
  • Drafting Construction Contract Insurance Provisions
    Faegre Baker Daniels Construction Law Summit, Minneapolis, December 2013
  • Killer Contract Clauses (Indemnity, Performance Specifications, Warranties, Waiver of Consequential Damages, Limitation of Liability)
    Faegre Baker Daniels Construction Law Summit, Denver, November 2013
  • The Worst in Construction Contracts: The View From All Sides (Panel)
    Faegre Baker Daniels Construction Law Summit, Indianapolis, October 2013
  • Strategies for Negotiating "Killer" Contract Clauses
    Faegre Baker Daniels Construction Law Summit, Chicago, October 2013
  • Design Specifications vs. Performance Specifications — Changing One Word Means a World of Difference
    Control Systems Integrators Association Newsletter, October 2013
  • BI/PD: Is That a New Boy Band? Matching Contract Risks to Insurance Coverages
    Control Systems Integrators Association Newsletter, August 2013
  • "How Long Do I Have to Worry about This Potential Claim?" — A Primer on Statutes of Limitation and Statutes of Repose
    Control Systems Integrators Association Newsletter, July 2013
  • LoLs are No Laughing Matter — Limitation of Liability Provision Can Cap Risk
    Control Systems Integrators Association Newsletter, June 2013
  • Construction Claims Management: Recognition and Documentation
    Indiana Construction Association Leadership Development Committee (Central), April 2013
  • Construction Claims Management: Recognition and Documentation
    Building Contractors Association of Northeast Indiana Young Professionals Forum, March 2013
  • Protecting Your Most Valuable Assets — Your Employees
    Control Systems Integrators Association Newsletter, February 2013
  • Bonds
    Construction Briefings 2012 Construction Review, February 2013

Leadership & Community

Pro Bono

  • National Immigrant Justice Center — Assistance in DACA applications

Professional Associations

  • American Bar Association — Forum on the Construction Industry
  • Building Contractors' Association of Northeast Indiana — Young Professionals' Forum Steering Committee

Civic Activities

  • Mikautadze Dance Theatre Company — Board of Directors

Honors

  • Best Lawyers® — Construction Law, 2020-23
  • Greater Fort Wayne Business Weekly — Forty Under 40 Award, 2015
  • YWCA — 120 Good Men Award Recipient, 2014
  • Order of the Coif
  • Indiana Journal of Global Legal Studies — Articles Editor, 2005-06, and Associate, 2004-05
  • Student Legal Services of Indiana University — Pinto Award, 2005
  • Chief Justice of the Supreme Court, Student Body Supreme Court of Indiana University, 2001-06
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