ACCL Membership Directory

Terrence L. Brookie

  • Member, Litigation/Construction
  • Frost Brown Todd LLC
  • 201 North Illinois Street, Suite 1900
    PO Box 44961
  • Indianapolis, Indiana 46244-0961
  • Email: tbrookie@fbtlaw.com
  • Phone: 317/237-3851
  • Cell: 317/697-9476
  • Company Phone: 317/237-3800
  • Fax: 317/237-3900

Education

  • Undergraduate: B.A. Denison University, 1978
  • Law School: Indiana University School of Law-Indianapolis,1981

Professional Activities

American Bar Association

Forum on the Construction Industry:

  • Current Chair
  • Former Chair of the Technology Commitee
  • Former Member of the Governing Committee
  • Former Member of Division 7 Steering Committee – Liens, Bonds and Insurance Section; Division 7 Chairperson (2003-2005)
  • Co-Chair of the American Bar Association Forum on the Construction Industry and the TIPS Fidelity & Surety Law Committee Joint 2002 and 2005 Mid-Winter Meetings

Fidelity/Surety Law Committee, Construction Litigation Section

Indiana State Bar Association

American College of Construction Lawyers

  • Board of Governors
  • Former Co-Chair of Insurance Committee

ABA Forum Committee on the Construction Industry, ABA Section of Tort Insurance Practice, Associated General Contractors

Representative Articles, Publications, Speeches and Seminars

Author of the following publications:

  • “Barriers to Effective Dispute Resolution—Litigation Issues,” an article in a publication of the Forum on the Construction Industry presented at its 2000 Annual Mid-Winter Meeting
  • “Procedural Barriers in Design-Build Claims,” The Construction Lawyer (2000)
  • “Strategies for Handling Problems During Performance” and “Strategies for Dealing With Bonds,” Construction Law: Creative Strategies for Project Completion and Litigation Avoidance (Lorman Education Services, 1998)
  • “What Do You Do With a Defective Bid?”, “What Do You Do When It Is Time to Sign the Contract?”, “What Do You Do When Contract Performance Is Delayed?”, and “What Do You Do When You Need to Resolve a Dispute?”, Indiana Construction Law: What Do You Do When? (National Business Institute, 1998)
  • “How to Protect Your Client’s Bread and Butter,” Covenants Not to Compete (Lorman Education Services, 1997 and 1998)
  •  “Section on Mechanic’s Liens and Bankruptcy and Financial Difficulties,” Indiana Construction Law (Federal Publications, 1990, 1991, 1993, and 1995)

Co-Author of the following publications:

  • “Lessons Learned: Anticipating and Resolving Project Disputes – If Your Project Is Special, Why Shouldn’t Your Dispute Resolution Clause Be Special?” in a publication of the ABA’s Forum on the Construction Industry at its 2007 Annual Meeting
  • “Suretyship Agreements,” Specialized Agreements for the Construction Project: Forms and Substance (American Bar Association, Forum on the Construction Industry, 2007)
  • State-by-State Guide to Construction Contracts and Claims, (Aspen Law & Business, 2006) (Indiana Chapter)
  • “Payment Provisions in Construction Contracts and Construction Trust Fund Statutes: A Fifty-State Survey,” The Construction Lawyer(American Bar Association, Forum on the Construction Industry, 2004) (Indiana Chapter)
  • “Forms I Advocate Using When Representing the Surety or Dealing With the Surety,” Construction Business Formbook (Aspen Law & Business, 2004) (Indiana Chapter)
  • “Surety Bonds,” Construction Business Handbook (Aspen Law & Business, 2004)
  • “Nuts & Bolts of Warranties,” a paper for a 2002 seminar entitled “UCC Article 2: Sale of Goods” sponsored by the Indiana Continuing Legal Education Forum
  • “Negotiating Sales Contracts,” Construction Law Handbook (Aspen Law & Business, 1999 and updates)
  • “Historical Perspective, Development, and Application of the Inventory and Profit and Loss Exclusion Clauses” in a publication entitledCommercial Crime Policy published by the Fidelity and Surety Law Committee of the Tort and Insurance Practice Section of the American Bar Association, 1997
  • “The Surety’s Dilemma: What to Do When the Owner Says to Honor the Bond and a Solvent Contractor (Principal) Objects and Says the Owner is Wrong,” in a publication of the Fidelity and Surety Law Committee at its 1996 Annual Mid-Winter Meeting
  • Public Construction Contracting Law ( Wiley Law Publications, 1995) (Indiana Chapter)
  •  Fifty-State Construction Lien and Bond Law (Wiley Law Publications, 1992 and updates) (Indiana Chapter)
  • Contributing author to the Associated General Contractors of Indiana’s quarterly publication

Co-editor of the following publication:

  •  “The Annotated Construction Law Glossary,” published by the American Bar Association’s Forum on the Construction Industry (2010)
  • “Construction Checklists: A Guide to Frequently Encountered Construction Issues,” published by the American Bar Association’s Forum on the Construction Industry (2008)

 Speeches, Panel Discussions, Seminars:

  • “Legal Decisions That Drive Us Crazy (and Practice Tips to Prevent Abuse): One Hit Wonders” co-presenter at American College of Construction Lawyers’ Annual Meeting (February 23, 2013)
  • “Surety Law – the Basics” co-presenter to Tennessee Association of Construction Counsel (November 9, 2012)
  • “Top 10 Tips in Negotiating Construction Contracts & Resolving Dispute” webinar presented to The American Law Institute (July 31, 2012)
  • “Mechanics’ Liens – An Overview (Kentucky, Indiana, Tennessee, Ohio)” co-presenter to Construction Financial Management Association at the Ohio Valley Construction Conference (September 22, 2011)
  • “AIA A201 vs. ConsensusDOCS: A 10 Round Bout to Determine Which Is the Fairest of Them All?” presented at the Associated General Contractors of America 92nd Annual Convention in Las Vegas, NV (March 2011)
  • “Renewable Energy Project Insurance” and “Social Media Risks and Insurance” presented at the American College of Construction Lawyers 22nd Annual Conference in Key Biscayne, FL (February 2011)
  • “Developments in Standard Bond Forms and the Impacts on the Construction Industry” co-presented at the 30th IRMI Construction Risk Conference in Orlando, FL (November 2010)
  • “Application of the Uniform Commercial Code in Construction Activities” presented at the APAI Workshop (Managing and Avoiding Risks) (March 2010)
  • “The Troubled Project: Strategies for Dealing With the Surety,” moderator at American College of Construction Lawyers 2010 Annual Conference in San Diego, CA (February 2010)
  • “An Overview of the 2007 AIA A201 and ConsensusDOCS” presented at The Harmonie Group Spring Conference in New York (May 2009)
  • “How To Protect Yourself In These Troubled Times” presented to Quality Connection (April 2009)
  • Co-presenter of a presentation entitled “Using OCIPs and CCIPs” presented at a Lorman Education Services Seminar (March 2009)
  • Co-presenter of a presentation entitled “What You Don’t Know Can Hurt You: The Use of ConsensusDocs” presented at the Indiana Construction Association’s 2008 Annual Meeting (November 2008)
  • “The Arrival of the 2007 AIA A201 and ConsensusDOCS – An Overview” presented at The Harmonie Group Construction Seminar in Atlanta (October 2008)
  • “Strategies to Address Catastrophic Increases” and “Overview of Standard Subcontract Terms (AIA A401-2007/ConsensusDOCS 750)” presented to Quality Connection (Electrical Workers Union Seminar) (September 2008)
  • “AIA A201-2007 Changes to the 1997 Edition vs. ConsensusDOCS” presented at The Harmonie Group Spring Conference in Chicago (May 2008)
  • Co-presenter of a presentation re: AIA A201-2007 Changes to the 1997 Edition vs. ConsensusDOCS entitled “Main Event: World Championship Fight” presented at the ACCL Annual Meeting (February 2008)
  • Co-presenter in a presentation for the Building Contractors Association entitled “AIA A201-2007 Changes to the 1997 Edition and General Overview of ConsensusDOCS” (February 2008)
  • Co-presenter in a presentation for The Westfield Group entitled “AIA A201-2007 Changes to the 1997 Edition and General Overview of ConsensusDOCS” (December 2007)
  • Panel participant in a presentation entitled “Recovery Schedules: Two Steps Forward or One Step Back? Will Creating a Recovery Plan Benefit Your Cause or Compound a Problem?” at The Construction Superconference held in San Francisco (December 2007)
  • “Lessons Learned: Anticipating and Resolving Project Disputes—If Your Project Is Special, Why Shouldn’t Your Dispute Resolution Clause Also Be Special?” presented at the ABA Forum on the Construction Industry’s Annual Meeting (April 2007)
  • “Design-Build Public Works Projects” presented to Associated General Contractors of Indiana (January 2006)
  • Co-presenter in a presentation for the Associated General Contractors of Indiana entitled “Strategies to Address Catastrophic Price Increases – Lessons Learned from Steel Price Increases in the Construction Industry” (February 2005)
  • Panel participant in a presentation entitled “Design Professional’s Participation When the Surety is Called in on a Bonded Project: Cooperative or Confrontational?” at The “A/E Issues” Construction Superconference held in San Francisco (2004)
  • Panel participant in a presentation entitled “What an Owner Can Expect a Surety to Do-Other Than Pay Money” at The “Owner’s” Construction Superconference held in San Francisco (2003)
  • Panel participant in a presentation entitled “How to Negotiate the General Indemnity Agreement Before the Job and Avoid its Perils if the Job Goes Sour” at The “Contractor’s” Construction Superconference held in San Francisco (2002)
  • “The Nuts and Bolts of Warranties” presented at an ICLEF seminar (2002)
  • “Barriers to Effective Dispute Resolution—Litigation Issues” presented at the ABA Forum on the Construction Industry and TIPS Fidelity & Surety Law Committee Joint Annual Mid-Winter Meeting”(2000)
  • “Indiana Mechanic’s Lien Law” presented at a program for the Associated General Contractors of Indiana (2000)
  • “Mechanic’s Lien Law and 1997 Edition of AIA A201 – An Industry-Wide Perspective” presented at the CNA Architects and Design Professionals Seminar (1999)
  • “Mechanic’s Lien Law and Uniform Commercial Code in Construction Activities” (1999)
  • Faculty member at Concentrated Course in Construction Contracts Seminars (Federal Publications) “The Uniform Commercial Code in Construction Activities and Performance/Completion Factors” (presented yearly)
  • “Strategies for Handling Problems During Performance” and “Strategies for Dealing With Bonds” presented at Indianapolis, Indiana (1998)
  • “What Do You Do With a Defective Bid?”, “What Do You Do When It Is Time to Sign the Contract?”, “What Do You Do When Contract Performance Is Delayed?”, and “What Do You Do When You Need to Resolve a Dispute?” presented at Indianapolis, Indiana (1998)

Court Admissions

State of Indiana, 1981
USDC, Southern District of Indiana, 1981
USDC, Northern District of Indiana, 1983
U.S. Court of Appeals (7th Circuit), 1996

Community Activities

  • Orchard Park Presbyterian Church – (2002-2005) Board of Elders; (2003-2005) Clerk of Session; (1998-2000) Board of Deacons; (1999-2000) Chairperson – Deacons
  • Denison University – (2000-2002) Vice President, Alumni Council


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