Matthew R. McCubbins

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.