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James R. Keller 
St. Louis, Missouri
Partner
phone (314) 231-6700
fax (314) 231-4656
email jrk@herzogcrebs.com
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James R. Keller is a 1980 graduate of Washington University School of Law where he was the managing editor of the Urban Law Annual. Licensed to practice in Missouri and Illinois, he has extensive bench and jury trial experience in both state and federal courts. He also is an arbitrator and mediator. He concentrates his trial practice on civil litigation and appeals with an emphasis on complex business disputes, construction law, ADR and real estate. He has tried to conclusion more than 90 cases involving construction, breach of contract, real estate, condemnation, intellectual property, employment, environmental, health care, personal injury, trusts and estates, sale of business, consumer, computer and insurance fraud, admiralty, franchise and distributor rights, and criminal matters. He has briefed and argued more than fifteen appeals and tried more than 15 cases in arbitration. He also counsels clients on a wide range of matters.

Mr. Keller is a panelist with the American Arbitration Association "AAA" (Commercial and Construction Law Sections). He is a member of AAA's Construction Arbitrator Master Panel and the Large Complex Case Panel. He has been an arbitrator in more than 50 cases and a mediator in many cases involving commercial and construction disputes. He also writes the legal column for the St. Louis Construction News & Review. Mr. Keller is a member of the American Bar Association, the Missouri Bar and the Bar Association of Metropolitan St. Louis. Listed as a Super Lawyer in Missouri and Kansas Super Lawyers 2006 for Construction Litigation.

Mr. Keller has written more than 45 articles since 1999 related to his practice areas. One of his recent articles is the Annual Survey of the Law for ADR, which he presented at the Missouri Bar's ADR Conference on October 15, 2004 in Columbia, MO. To view this article as well as others, click on Herzog Crebs LLP. Articles

Areas of Practice:
Litigation & Appeals
Construction Law
Alternative Dispute Resolution
Condemnation
Real Estate
Bar Admissions:
Missouri, 1980
Illinois, 1984
Education:
Washington University School of Law, St. Louis, Missouri, 1980
J.D., Doctor of Jurisprudence
Law Review: Managing Editor, Urban Law Annual, 1979-1980


University of Missouri, Columbia, Missouri, 1977
B.J., Bachelor of Journalism
Honors: Phi Kappa Phi


Published Works:
The Current Law on ADR, St. Louis Bar Journal, Winter, 2006


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


Subcontractor Recovers $2.5 Million on Contracts it Abandoned and Breached, St. Louis Construction News & 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 & Review, p. 18, September-October, 2004


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


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


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


Recent Construction Cases Lengthen Time to Sue, St. Louis Lawyer, p. 9, February 4, 2004


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


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


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


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


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


Contractors Recovers for Extra Work Without Written Change Orders, St. Louis Construction News & Review, p. 58, March-April, 2003


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


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


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


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


Owner Defenses to Contractor Claims for Nonpayment, St. Louis Bar Journal, pp. 16-20, Fall, 2001


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


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


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


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


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


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


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


Illinois' Consumer Fraud Act: A Primer on Recent Developments, Illinois Bar, 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 & Review, p. 5, July-August, 1999


Missouri Court Extends Architects/Engineers Liability, St. Louis Construction News & Review, p. 41, May-June, 1999


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


Classes/Seminars Taught:
You Can Pay Me Now, Or You Can Pay Me (More) Later, Washington University, St. Louis, MO, May 10, 2006


Everything You Need to Know About Mechanic's Liens, Construction Law Committee of the Business Law Section of Bar Association of Metropolitan St. Louis, May 10, 2006


Legal Issues for Missouri Professional Engineers - St. Louis MO, November 17, 2005


Recent Developments in Alternative Dispute Resolution, presented at the American Arbitration Association's St. Louis, MO office, February 4, 2005


Led discussion on "Is the Ultimate Award an Arbitrator's Only Power of Neutrals" Hosted by the American Arbitration Association's St. Louis, MO, October 28, 2004


Annual Survey of the Law for the Missouri Bar's ADR Conference, Columbia, MO, October 15, 2004


Trainer for Arbitrator Continuing Education American Arbitration Association Course on Award Writing for AAA Arbitrators, St. Louis, MO, August 26, 2004


Arbitrator's Perspective on Arbitration for Bar Association of Metropolitan St. Louis Construction Law Seminar on A Practical Guide to Construction Arbitration, St. Louis, MO, May 5, 2004


Arbitration Update in the Law for the American Arbitration Association National Conference in San Antonio, TX, March 4 - 5, 2004


Speaker on Ethical Issues in Construction and Alternative Dispute Resolution for National Business Institute at a seminar on Key Issues in Missouri Residential Construction Law, St. Louis, MO, February 18, 2004


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


Recent Developments in ADR: The Supreme Court, Eighth Circuit and Missouri, presented at the American Arbitration Association's St. Louis, MO office, January 23, 2004


Instructor for the American Arbitration Association Arbitrator Update 2003, St. Louis, MO, December 8, 2003


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


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


Recent Developments in ADR: The Supreme Court, Eighth Circuit and Missouri, presented at American Arbitration Association's St. Louis, MO office, June 30, 2003


Mock Construction Mediation by the American Arbitration Association, presented to the St. Louis Council of Construction Consumers, during a claims Avoidance Seminar, St. Louis, MO, June 13, 2003


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


How to Resolve Construction Disputes through Mediation and Arbitration, presented by the American Arbitration Association to the Associated General Contractors, St. Louis, MO, February 6, 2003


Recent Developments in ADR: Missouri and Eighth Circuit, presented at the American Arbitration Association's St. Louis, MO office, February 4, 2003


Construction Dispute Resolution through Mediation and Arbitration, presented by the American Arbitration Association to the AIA, St. Louis, MO, January 8, 2003


Instructor for the American Arbitration Association Arbitrator Update 2002, St. Louis, MO, December 9, 2002


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


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


Recent Developments in Missouri ADR: What People Need to Know, Hosted by the American Arbitration Association, St. Louis, MO, March 1, 2002


Arbitration and Mediation, presented by the American Arbitration Association to Home Buildiers Association of Greater St. Louis, St. Louis, MO, August 28, 2001


Arbitration and Mediation, presented by the American Arbitration Association to the Engineer's Club, St. Louis, MO, June 26, 2001


Potential Defenses and Owner's Perspective, Dollars and Common Sense: Payment Issues on Construction Projects by the 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, 2003-present


Missouri Bar Association
Chair, ADR Committee, 2008-2009


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


American Bar Association
Member, Construction, Litigation and ADR Sections


American Arbitration Association
Arbitrator/Neutral on the Commercial and Construction Law Panels


American Arbitration Association
Member, Construction Arbitrator Master Panel


American Arbitration Association
Member, Large Complex Case Panel


American Arbitration Association
Chair, St. Louis Construction Advisory Committee, 2003-Present


Washington University Journal of Law & Policy
Advisory Board, 2004-Present


Saint Louis Symphony Orchestra
Past member of Board of Trustees; Past President of Encore


Lindbergh Alumni Association
Charter Life Member


United States District Court for the Eastern District of Missouri, Eastern Division
Certified Mediator


Missouri Bar Association and St. Louis City and County Circuit Courts
List of Approved Mediators


Birth Information:
October 5, 1954, St. Louis, Missouri, United States of America

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