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Attorneys

James R. Keller 
St. Louis, Missouri
Partner
phone (314) 231-6700
fax (314) 231-4656
email Email Me

James R. Keller concentrates his practice on complex litigation, construction, real estate and alternative dispute resolution (ADR).  He has a B.J. from the University of Missouri (1977) and a J.D. from Washington University School of Law (1980).  He has tried more than 100 civil cases in state and federal courts and in arbitration, lasting from one day to nine months.  He also applies his trial experience as an arbitrator, mediator and neutral evaluator with the American Arbitration Association (AAA) and in handling private disputes.  He is a member of AAA’s Construction Arbitrator Master Panel and Large Complex Case Panel.  Mr. Keller has been an arbitrator in more than 90 cases involving construction and business disputes and a mediator in more than 50 such cases.  He has written more than 70 articles for various bar journals and trade publications on ADR, construction law, real estate, consumer fraud and trial practice. He is the author of “Recent Developments in Construction Law,” appearing in The St. Louis Bar Journal, Spring 2008 and Chapter 15, “Alternative Dispute Resolution,” Missouri Litigation Settlements, 2009 Cumulative Supplement. He also writes the legal column for the St. Louis Construction News & Real Estate.  Mr. Keller is the co-chair of the Construction Law Committee and former chair of the Business Law Section of the Bar Association of Metropolitan St. Louis, the chair of the Construction Advisory Committee of AAA (St. Louis Region) and the chair of the ADR Committee of The Missouri Bar. He also is a frequent speaker at seminars.  He is listed as a Super Lawyer in Missouri and Kansas from 2006 to present for Construction Litigation and in the Super Lawyers Corporate Counsel Edition from 2008 to present.  He also is a member of the Society of Illinois Construction Attorneys (SOICA).

Areas of Practice:
Construction Law
Alternative Dispute Resolution
Litigation and Appeals
Real Estate
Condemnation
Bar Admissions:
Missouri, 1980
Illinois, 1984
U.S. District Court Western District of Missouri, 1980
U.S. District Court Eastern District of Missouri, 1983
U.S. District Court Southern District of Illinois, 1985
U.S. Court of Appeals 8th Circuit, 1984
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
Honors: Kappa Tau Alpha


Published Works:
“Court Finds no Construction Contract Despite $5,501,246 in Payments”, St. Louis Construction News and Real Estate, p. 32-33, September-October, 2010


“Bank Cannot Sue Title Company Over Escrow Construction Loans”, St. Louis Construction News and Real Estate, July-August , 2010


“Contractor Cannot Recover Without Written Change Order”, St. Louis Construction News and Real Estate, p. 32-33, May-June, 2010


“Professional Engineers Play Key Roles in Missouri Construction Disputes”, St. Louis Construction News and Real Estate, p. 28-29, March-April, 2010


“Homeowners' Lawsuit Dismissed Against Novus", St. Louis Construction News and Real Estate, p. 20-21, January-February, 2010


§§15.95–15.137, Missouri Litigation Settlements, Second Edition, Chapter 15, Alternative Dispute Resolution, 2009


“County Can Enforce Settlement Agreement Even Though It Felt Otherwise for Two Years", St. Louis Construction News and Real Estate, p. 22-23, November-December, 2009


“Good Fences Make Good Neighbors (MAYBE)", St. Louis Construction News and Real Estate, p. 22-23, September-October, 2009


“Contractor Recovers Replacement Cost Plus Two Years' Lost Profits for Damaged Truck", St. Louis Construction News and Real Estate, p. 34-35, July-August, 2009


“Construction Law in 1969: A Look Back", St. Louis Construction News and Real Estate, p. 22-23, 40th Anniversary Special Edition


“Failing Concrete Streets Provide Nightmare for Developer, Surety and Subcontractors", St. Louis Construction News and Real Estate, p. 36-37, May-June, 2009


“Sub-subcontractor Gets Day in Court, Not Arbitration", St. Louis Construction News and Real Estate, p. 32-33, March-April, 2009


“Music Promoter Hears Sour Note When Pursuing Lost Profits' Claim", St. Louis Construction News and Real Estate, p. 26-27, January-February, 2009


“Court Addresses Several Mechanic's Lien Issues", St. Louis Construction News and Real Estate, p. 36-37, November-December, 2008


“Engineer Improperly Suspended for Sealing Architect's Plans", St. Louis Construction News and Real Estate, p. 36-37, September-October, 2008


“Contractor Cannot Recover Where Costs Exceeds Property Value", St. Louis Construction News and Real Estate, p. 40, July-August, 2008


“No Good Deed Goes Unpunished", St. Louis Construction News and Real Estate, p. 48-49, May-June, 2008


"Recent Developments in Construction Law", St. Louis Bar Journal, Spring, 2008


“Environmental Contractor Awarded Attorney Fees for Defending an Appeal", St. Louis Construction News and Real Estate, p. 22-23, March-April, 2008


“Subcontractor Cannot Recover Where Owner Paid Title Company", St. Louis Construction News and Real Estate, p. 26-27, January-February, 2008


“Pay-if-Paid Clause Found Ambiguous", St. Louis Construction News and Real Estate, p. 30-31, November-December, 2007


“Missouri Supreme Court Favors Subcontractor Overturning 14 Years of Contrary Court Precedence", St. Louis Construction News and Real Estate, p. 28-29, September-October, 2007


“Missouri's Appellate Courts Rule in Two City-Sponsored Private Redevelopments", St. Louis Construction News and Real Estate, p. 52-53, July-August, 2007


“Bank Liable for Not Disclosing to Buyer EPA Investigation of Bank's Real Estate", St. Louis Construction News and Real Estate, p. 54-55, May-June, 2007


“Contract's Standard Insurance Waiver Does not Preclude Subrogation Claim", St. Louis Construction News and Real Estate, p. 20-21, March-April, 2007


“Statute of Limitations Drowns Homeowners' Recovery of Personal Property Damages From Flood", St. Louis Construction News and Real Estate, p. 10-11, January-February, 2007


“Land Owner Can Flood Neighbor to Save 100 Acres of Land", St. Louis Construction News and Real Estate, p. 30, November-December, 2006


“Does a Cost Plus Contract Include Profit and Overhead?", St. Louis Construction News and Real Estate , p. 24-26, September-October, 2006


“Original Owner/Builder of Apartment can be Sued for Defect 10 Years Later", St. Louis Construction News and Real Estate, p. 18, July-August, 2006


“Attorney Fees Allowed for Failure to Make Scheduled Payments", St. Louis Construction News and Review, p. 18, March-April, 2006


“Jury to Decide Illegal Picket and Invasion of Privacy Claims", St. Louis Construction News and Review, p. 10, January-February, 2006


“The Current Law on ADR", St. Louis Bar Journal, Winter, 2006


“Subcontractor Must Pay Punitive Damages to Contractor for Settling Claim with Owner", St. Louis Construction News and Review, p. 34, November-December, 2005


“Contractor Ordered to Pay Subcontractor 9% (not 18%) Interest on Withheld Money", St. Louis Construction News and Review, p. 16, September-October, 2005


“High Court Supports Condemnation for Private Development", St. Louis Construction News and Review, July-August, 2005


“Homeowners Association Recovers $987,940 from Developer and Trustee", St. Louis Construction News and Review, May-June, 2005


“Material Suppliers Mechanic's Liens Favored Over All Others in Missouri", St. Louis Construction News and Review, March-April, 2005


“Contractor Recovers $2,071,371 from Kansas City's Construction Authority", St. Louis Construction News and Review, p. 9, January-February, 2005


“Subcontractor Recovers nearly $2,500,000 on Contracts it Abandoned and Breached", St. Louis Construction News and 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 and Review, p. 18, September-October, 2004


“Subcontractor Recovers $220,435 from General Contractor on Oral Contract", St. Louis Construction News and Review, p. 21, July-August, 2004


“Conflicting Contract Provisions Erase Asbestos-Removal Contractor's Jury Award", St. Louis Construction News and Review, p. 13, May-June, 2004


“Contractor Fault Not Required for Subcontractor to Recover", St. Louis Construction News and Review, p. 9, March-April, 2004


“Recent Construction Cases Lengthen Time to Sue", St. Louis Construction News and Review, p. 9, February 4, 2004


“Parents of Electrocuted Worker Cannot Sue Owner, Supervisor nor Engineer", St. Louis Construction News and Review, p. 9, January-February, 2004


“Contractor's Performance Must be Workmanlike", St. Louis Construction News and Review, p. 11, November-December, 2003


“Court Orders Contractor to Arbitrate Mechanic's Lien Claim", St. Louis Construction News and Review, p. 14, September-October, 2003


“HBA Loses Challenge to Wildwood's Ordinance on Construction and Maintenance Deposits", St. Louis Construction News and Review, p. 18, July-August, 2003


“Builders' Implied Warranty of Quality Extends to Work Beyond the Home", St. Louis Construction News and Review, p. 20, May-June, 2003


“Contractor Recovers for Extra Work Without Written Change Orders", St. Louis Construction News and Review, p. 58, March-April, 2003


“Appellate Courts Reverse Big Jury Verdicts for Two Fallen Construction Workers", St. Louis Construction News and Review, p. 9, January-February, 2003


“Homeowners Defeat Contractors in Two Cases", St. Louis Construction News and 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 and 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 and Review, p. 18, May-June, 2002


“Homeowner Can Sue More than Five Years After Learning of Problem", St. Louis Construction News and Review, p. 22-24, March-April, 2002


“Contractor Hits Home Run in Ball Field Topsoil Dispute", St. Louis Construction News and 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 and Review, p. 21, November-December, 2001


“Owner Defenses to Contractor Claims for Nonpayment", The St. Louis Bar Journal, p. 16-20, Fall, 2001


“Missouri Judges Still Say: Show Me the Contract", St. Louis Construction News and Review, p. 16, July-August, 2001


“Contractor Loses $450,000 Recovery Due to Lack of Documentation", St. Louis Construction News and Review, p. 13, March-April, 2001


“Injured Repairman Recovers $9 Million in Dumbwaiter Accident", St. Louis Construction News and Review, p. 9, January-February, 2001


“Missouri River Spawns Big Judgment for Massman Construction", St. Louis Construction News and Review, p. 22-27, November-December, 2000


“A Terminated Contractor Recovers for Extra Work and Lost Profits", St. Louis Construction News and Review, p. 16-17, 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 and Review, p. 20, May-June, 2000


“Free Concrete Strength Test May Cause Costly Liability", St. Louis Construction News and Review, p. 22, March-April, 2000


“Illinois' Consumer Fraud Act Affects the Construction Industry", St. Louis Construction News and Review, p. 17, November-December, 1999


“Illinois' Consumer Fraud Act: A Primer on Recent Developments", Illinois Bar Journal, 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 and Review, p. 6, July-August, 1999


“Missouri Court Extends Architect/Engineer Liability", St. Louis Construction News and Review, p. 41, May-June, 1999


“Alternative Dispute Resolution is Here to Stay", 13 Missouri Lawyers Weekly 586, May 24, 1999


Classes/Seminars Taught:
Speaker, "Missouri Non-Partisan Court Plan" for Florissant Valley Kiwanis, sponsored by the Missouri Bar, Florissant, MO, October 12, 2010


Speaker, “Other Contractual Risk Shifting Provisions” at “Managing Risks on Construction Projects, 8th Annual Construction Law Update”, sponsored by the Bar Association of Metropolitan St. Louis, St. Louis, MO, May 27, 2010


Speaker, Missouri Bar Spring Committee Meetings, ADR Committee, Jefferson City, MO, May 14, 2010


Speaker, “Why Arbitration Still Makes Financial Sense/Cents” for Construction Financial Management Association, St. Louis, MO, sponsored by the American Arbitration Association, March 9, 2010


Speaker, “Recent Developments in Construction Law” for Business Law First Fridays, sponsored by the Bar Association of Metropolitan St. Louis, St. Louis, MO, March 5, 2010


Speaker, Recent Reported Decisions from the Eighth Circuit and Missouri Appellate Courts on ADR, Missouri Bar Fall Committee Meetings, ADR Committee, Jefferson City, MO, November 20, 2009


Speaker, “Anatomy of a Defect: What It Is and the Rules That Apply”, for NBI Seminar “Construction Defect Litigation: From A to Z,” St. Louis, MO, June 24, 2009


Speaker, “Payment Security”, for BAMSL Annual Construction Law Update, St. Louis, MO, June 4, 2009


Speaker, “An Update on the Law of Arbitration” for Missouri Bar Spring Committee Meetings, ADR Committee, Jefferson City, MO, May 8, 2009


Speaker, “An Update on the Law of Arbitration” for BAMSL Seminar “Arbitration: The Art of Advocacy and an Update of the Law,” St. Louis, MO, March 3, 2009


Trainer, “AAA Arbitration Roadmap”, for American Arbitration Association, St. Louis, MO, November 11, 2008


Speaker, “Recent Developments in Construction Law”, for BAMSL Business Law First Fridays, St. Louis, MO, November 7, 2008


Speaker, “Appearing as a Witness in a Civil Case” for HalfMoon Seminar “, Legal Issues for Missouri Professional Engineers”, St. Louis, MO, September 18, 2008


Speaker, “Construction Law Issues for Small and Growing Businesses", for BAMSL 18th Annual CLE Potpourri, St. Louis, MO, June 30, 2008


Speaker, “Understanding Construction Liens”, for HalfMoon Seminar “Solving Lien-Related Title Problems,” St. Louis, MO, June 20, 2008


Speaker, “Mediation Law Update”, for NBI Seminar “Mediation: A Valuable Tool for Litigation,” St. Louis, MO, May 22, 2008


Speaker, “Recent Developments in Construction Law”, for BAMSL Construction Law Seminar “Exploring New Forms and Current Construction Topics,” St. Louis, MO, May 8, 2008


Speaker, “Why ADR – Why AAA?”, for Mound City Bar Association, St. Louis, MO, August 29, 2007


Speaker, “Contract Pricing and Payment”, for BAMSL Construction Law Seminar “Deal or No Deal: Understanding Construction Contracts,” St. Louis, MO, May 9, 2007


Speaker, “Subjects for Prehearing Conference”, for BAMSL Seminar on Arbitration, St. Louis, MO, March 22, 2007


Speaker, “You Can Pay Me Now or You Can Pay Me (More) Later”, St. Louis Construction Expo, St. Louis, MO, February 14, 2007


Speaker, “Resolving Legal Disputes”, for HalfMoon Seminar “Design Law for Missouri Architects and Engineers,” St. Louis, MO, September 13, 2006


Speaker, “Interest and Attorney Fees: The Requirements and Recent Cases”, for BAMSL Construction Law Seminar “You Can Pay Me Now or You Can Pay Me (More) Later,” St. Louis, MO, May 10, 2006


Speaker, “Appearing as a Witness in a Civil Case”, for HalfMoon Seminar “Legal Issues for Missouri Professional Engineers,” St. Louis, MO, November 17, 2005


Speaker, “Missouri Mechanic’s Lien Law Basics”, for BAMSL Construction Law Seminar “Everything You Need to Know About Mechanic’s Liens,” St. Louis, MO, April 27, 2005


Speaker, "Recent Developments in ADR", for the American Arbitration Association's St. Louis, MO office, February 4, 2005


Speaker, “Annual Survey of the Law”, for The Missouri Bar’s ADR Conference, Columbia, MO, October 15, 2004


Trainer, Arbitrator Continuing Education AAA Course “Award Writing for AAA Arbitrators,” St. Louis, MO, August 26, 2004


Speaker, “An Arbitrator’s Perspective on Arbitration”, for BAMSL Construction Law Seminar on “A Practical Guide to Construction Arbitration,” St. Louis, MO, May 5, 2004


Trainer, “Arbitration Update in the Law”, for AAA National Conference in San Antonio, TX, March 4, 2004 - March 5, 2004


Speaker, “Ethical Issues in Construction and Alternative Dispute Resolution”, for NBI seminar “Key Issues in Missouri Residential Construction Law,” St. Louis, MO, February 18, 2004


Trainer, Arbitrator Continuing Education AAA Course on Managing Cases with Self-Represented Parties, for AAA Arbitrators, St. Louis, MO, February 13, 2004


Speaker, “Recent Developments in ADR: The Supreme Court, Eighth Circuit and Missouri,” presented at AAA’s St. Louis, MO office, January 23, 2004


Trainer, AAA Arbitrator Update 2003, St. Louis, MO, December 8, 2003


Speaker, “Taking the Mystery Out of Construction Arbitration”, presented by Bar Association of Metropolitan St. Louis Construction Law Committee, St. Louis, MO, November 7, 2003


Speaker, “The Legal Minute” presented to the Associated General Contractors of St. Louis, Topic: “Scope of Work; Additional Work; Extra Work,” St. Louis, MO, August 7, 2003


Speaker, “Recent Developments in ADR: The Supreme Court, Eighth Circuit and Missouri,” presented at AAA’s St. Louis, MO office, June 30, 2003


Speaker, Mock Construction Mediation by AAA, presented to the St. Louis Council of Construction Consumers, during a Claims Avoidance Seminar, St. Louis, MO, June 13, 2003


Speaker, Construction Claims by the Bar Association of Metropolitan St. Louis Construction Law Committee, St. Louis, MO, May 8, 2003


Speaker, “How to Resolve Construction Disputes Through Mediation and Arbitration,” presented by AAA to the Associated General Contractors, St. Louis, MO, February 6, 2003


Speaker, “Recent Developments in ADR: Missouri and Eighth Circuit,” presented at AAA’s St. Louis, MO office, February 4, 2003


Speaker, “Construction Dispute Resolution through Mediation and Arbitration”, presented by AAA to the AIA, St. Louis, MO, January 8, 2003


Trainer, AAA Arbitrator Update 2002, St. Louis, MO, December 9, 2002


Speaker, “Annual Survey of the Law, ADR Conference”, for The Missouri Bar, Lake of the Ozarks, MO, September 27, 2002


Speaker, “Let’s Make a Deal: Understanding Construction Contracts - Dispute Resolution” by the Bar Association of Metropolitan St. Louis Construction Law Committee, St. Louis, MO, May 16, 2002


Speaker, “Recent Developments in Missouri ADR: What People Need to Know”, hosted by AAA, St. Louis, MO, March 1, 2002


Speaker, “Arbitration and Mediation,” presented by AAA to Home Builders Association of Greater St. Louis, St. Louis, MO, August 28, 2001


Speaker, “Arbitration and Mediation,” presented by AAA to the Engineer’s Club, St. Louis, MO, June 26, 2001


Speaker, “Potential Defenses and Owner’s Perspective, Dollars and Common Sense: Payment Issues on Construction Projects,” by Bar Association of Metropolitan St. Louis, Construction Law Committee, St. Louis, MO, May 17, 2001


Professional Associations and Memberships:
Bar Association of Metropolitan St. Louis
Co-Chair, Construction Law Committee, Past Chair, Business Law Section


The Missouri Bar
Chair, ADR Committee


The Missouri Bar
Member, Construction, Eminent Domain and ADR Committees


American Bar Association
Member, Construction, Litigation and ADR Sections


American Arbitration Association
Member, Construction Arbitrator Master Panel


American Arbitration Association
Member, Large Complex Case Panel


American Arbitration Association
Chair, Construction Advisory Committee for St. Louis Region


Illinois State Bar Association


Society of Illinois Construction Attorneys


Washington University Journal of Law & Policy
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 State Courts
Mediator


St. Louis City and County Circuit Courts
Mediator


United States District Court for the Eastern District of Missouri
Mediator


Super Lawyer, Missouri and Kansas, Construction Litigation and Corporate Counsel Edition