Biography
Theresa has twenty-five years of combined experience in the design and construction law industries. As an attorney, Theresa advises those who develop, design or construct. Prior to her legal career, Theresa worked as a licensed architect. With the purpose of serving the legal needs of the construction community, Theresa attended law school in the evening while working full-time as an architect.
Theresa’s litigation experience includes jury trial and bench trial defense verdicts. Her experience includes professional errors and omissions claims involving architects and engineers (including surveyor, mechanical, HVAC and structural matters), defective workmanship claims, concealed, differing site condition and extra work claims, delay and impact claims, surety bond disputes, payment claims, mold litigation, public bidding disputes building code violations, default issues, insurance policy interpretation/ enforcement, takeover agreement negotiations, development impact fee and plat approval matters, mechanic’s liens, environmental contamination claims, products liability claims, breach of warranty and UCC claims and other construction, real estate and design related disputes.
Theresa is also well versed in contract drafting and negotiations. Prior to joining Manion Stigger, LLP, Theresa was Associate General Counsel for a global design firm and served as a construction law arbitrator for the American Arbitration Association.
Theresa has spoken and published articles on a wide variety of construction law subjects relating to understanding and avoiding legal risks, the law of engineering malpractice, professional conduct of engineers, professional liability insurance, construction law and ethics. Theresa has presented national programs for the American Bar Association and co-authored the Indiana chapter of a Fifty State Compendium of Construction Law Issues as well as the chapters in two different books for the American Bar Association’s Forum on the Construction Industry. The first book deals with Subcontracting and the second with Green Construction.
Education
INDIANA UNIVERSITY ROBERT H. McKINNEY SCHOOL OF LAW
Juris Doctorate, Dec. 1999
BALL STATE UNIVERSITY
Bachelor of Architecture and Bachelor of Science in Environmental Design, 1993
Court Admission
Supreme Court of Indiana
Professional Involvement
American Bar Association
- Forum on Construction Law, Division I: Litigation & Dispute Resolution; Division III: Design; Division V: General Contractors; Division VII: Insurance, Surety & Liens; Division IX: Subcontractors and Suppliers.d for the project’s anticipated use and needs.
- Forum on Construction Law, Division III: Design Steering Committee (2012-2017).
- Forum on Construction Law, Minority/Woman fellowship recipient (2011)
- Construction Litigation Subcommittee on Design Professional Liability, co-chair
- (2010-2012)
Indiana State Bar Association
- Construction & Surety Law Section
- Diversity Task Force member (2007-2010)
- Bar Leader Series Class IV (2008)
American Arbitration Association
- Arbitrator (2007-2018)
American Institute of Architects
- Individual member (1993-1997)
- Allied member (2010-2012)
ALFA International (Global Legal Network)
- Construction Practice Group, member (2007-2009)
The Jefferson Society, Inc., organized to establish a forum for architect lawyers
- Member (2012-Present)
Certifications
- Registered Architect in Indiana (Certificate 9600159, presently inactive)
- Association of Corporate Counsel, In-House Counsel Certification (2023)
Publications & Speaking Engagements
Speaker/Moderator
- ABA Forum on Construction – Construction Insurance Regional Program slated speaker (Nov. 2017 – cancelled)
- Who Holds the Bag? Risk and Liability in Design Firm Mergers and Acquisitions (October 2013)
- ABA CLE Metcalf Construction v. U.S
- How the Duty of Independent Site Investigation Negated Owner’s Duty to Pay (July 2013); The Increasing Trend of Specifications
- Leading to Risky Performance Guarantees (February 2013); ABA CLE Construction Statutes of Limitation and Repose: Crumbling
- Under Legislation and Immunity (January 2013)
- My Design-Build Concept is Creative! Can The Owner Direct The Successful Design-Build Team To Use It? (October 2012)
- The Crumbling Statute of Repose? (June 2012).
Speaker/Author
- Legal Issues for Professional Engineers; the Law of Engineering Malpractice; Professional Liability Insurance for Engineers; Professional Conduct of Engineers (2011, 2012).
Author
- Under Construction Vol. 14 No. 3: Minnesota Determines That Victim Compensation Fund Legislation May Be Used To Revive Claims Barred By The Statute Of Repose (September 2012); Indiana Law Review Volume 33:
- Closing the Doors on Unsupported Speculation: Joiner’s Effect on the Admissibility of Expert Testimony.
Book Chapter Co-Author
- Fifty State Compendium of Construction Law Issues – Indiana Chapter (2008, 2009)
- Construction Subcontracting – Chapter 21 Subconsulting Design Contracts (ABA 2014)
- Green Building and the Construction Lawyer – Energy and Water Performance Chapter (ABA 2014).
Representative Experience
- Drafted and negotiated hundreds of agreements for various clients on various industry standard forms, including Engineering, Procurement, and Construction (EPC), American Institute of Architects (AIA), ConsesusDocs, Design-Build Institute of America (DBIA) and the Royal Architectural Institute of Canada (RAIC) forms, as well as custom forms.
- Conducted in-house risk analysis and training programs for various clients.
- Negotiated favorable settlement of a client-public owner’s claims alleging that the HVAC system design for certain areas of the project was undersized for the project’s anticipated use and needs.
- Negotiated favorable settlement of a client-public owner’s claims that the HVAC system selection and design failed to comply with the applicable standard of care because industry literature provided warnings regarding the selected system’s inability to perform and because the system’s predicted performance issues were exacerbated by errors in the design’s execution.
- Drafted all legal briefs filed on behalf of a client-public entity defendant in parallel proceedings pending in the federal district court and Seventh Circuit Court of Appeals that successfully prompted the global settlement of all litigation for 10% of the plaintiff’s last demand.
- Resolved complex insurance coverage dispute triggering the appointment of Cumis counsel in response to insurer’s reservation of rights as to its indemnity obligations in the underlying litigation.
- Provided design firm client pre-litigation services that avoided the client’s joinder in litigation.
- Defended owner in complex litigation related to contractor’s alleged breach of contract, differing site condition, weather delay, scheduling impact and additional work claims seeking additional sums equal to almost 30% of the original multi-million-dollar contract.
- Drafted substantive briefs for out-of-state counsel in a federal litigation matter which resulted in favorable client settlement.
- Obtained successful settlement for contractor prior to litigation arising out of property damage caused by subcontractor’s performance.
- Served as second chair trial lawyer in jury trials and bench trials to verdict.
