Matthew B. Millis

Construction Experience

Matt’s construction practice includes litigating or arbitrating construction and real estate disputes, advising construction clients, drafting and negotiating construction contracts, pursuing and defending mechanic’s lien and bond claims, and counseling clients on default, termination and project management issues.

Matt provides ongoing construction related counsel to most of the region’s largest (and many of the nation’s largest) developers and construction companies, including risk management, contract drafting and negotiation, and dispute resolution.

• Since 2020, Matt has negotiated more than $1 billion worth of construction and design contracts for projects across the country.
• Matt represents 12 of the top 25 Indiana commercial developers and 10 of the top 25 Indiana commercial construction contractors according to the 2024 Indiana Business Journal Book of Lists.
• In 2024, Matt represented a developer/builder in a high-dollar arbitration against a concrete subcontractor over allegations of construction defects in the concrete podium on a $40+ million multi-family development. Just prior to the final arbitration hearing, and after months of discovery, Matt navigated his client through a novel non-binding arbitration process, the result of which led to a swift and favorable settlement.
• From 2021 – 2024, Matt represented a design-build contractor through protracted AAA arbitration involving the project owner and multiple subcontractors. The case involved issues relating to delays, liquidated damages, and allegations of design and construction defects.  The matter settled on favorable terms.
• In 2024, Matt represented a national multi-family developer in a dispute with a general contractor involving delay claims, and design and defect issues.
• Since 2021, Matt has represented one of the nation’s largest developers of industrial office parks and logistics centers. He drafted a suite of contract forms and now provides ongoing counsel for the negotiation of those forms on projects across the country.
• In 2023, Matt negotiated the design and construction contracts for a $50+ million mixed-use Project in Avon, IN.
• Since 2017, Matt has drafted and negotiated all construction and design contracts for a multifamily developer and builder with projects in the Indianapolis, Pittsburgh, Kansas City, Dallas, Phoenix, and Tampa / St. Petersburg metropolitan areas ranging in size from $20 million to more than $60 million.
• Since 2018, Matt has provided ongoing contract drafting and construction counsel to a developer with multifamily projects in Indianapolis, Kansas City, and Louisville.
• In 2018-2019, Matt negotiated design-build construction contracts for a mixed-use project and office building located along the Monon Trail in Carmel, Indiana.

Real Estate and Commercial Litigation

Matt’s commercial litigation experience includes foreclosing mortgages, defending mortgage loan servicers, asserting and defending title insurance claims, litigating tax sale disputes, applying for court-ordered receiverships, negotiating debt workouts, and prosecuting and defending preferential transfer and fraudulent conveyance claims. He represents clients in complex commercial litigation matters involving landlord/tenant disputes, business disputes, business torts, and claims for breach of contract.

• Matt has represented several commercial developers facing foreclosure of their properties.  Matt advised the developers on how to achieve positive workouts with their lenders.
• Matt has represented both commercial property owners and residential mortgage servicers in numerous mortgage foreclosure and receivership
• In 2018 – 2019, Matt handled and ultimately settled a contentious trust dispute involving allegations of fraud and breaches of fiduciary duty.
• In 2016, Matt was co-counsel in a four-day court trial in Vanderburgh County for a lender and its broker.  Besides prosecuting the client’s commercial foreclosure claim having a value of over $3.0M, Matt defended the clients against a multitude of contract and tort counterclaims asserted by the borrower.  The trial court ruled for Matt’s clients on all claims. The borrower appealed, and on May 4, 2017, the Court of Appeals affirmed.
• In 2015, Matt defended a homeowner facing litigation filed by neighbors who claimed to have a prescriptive easement over the homeowner’s property. After Matt moved for summary judgement, the neighbors quickly retreated, and settled for no compensation.
• In 2015, Matt pursued a fraud lawsuit on behalf of a house flipper that resulted in the recovery of all funds lost.

Speeches & Publications

• Construction Law for the Non-Construction In-House Counsel, Speaker at Advanced Corporate Counsel CLE, September 2022
• Minimizing Risk: Preventing mechanic’s liens on your next construction project, Evansville Business Journal, March 2018
• Time’s Up: For AIA Contract Forms, The Indiana Lawyer, October 2018
• Preventing, Minimizing, & Defeating Liens: A Commercial Property Owner’s Guide to Indiana Mechanic’s Liens, Indiana Civil Litigation Review, 2017