• PRACTICE FOCUS+
  • INDUSTRIES+
  • EDUCATION+
    • Louisiana State University Law Center
      J.D., 1997; Order of the Coif; Student Bar Association, President
    • Louisiana State University
      B.A., in Political Science and History, 1994; Phi Beta Kappa; Phi Alpha Theta; Omicron Delta Kappa; Pi Beta Phi (Louisiana Beta Chapter), President
  • ADMISSIONS+
    • U.S. District Court, Middle District of Louisiana
    • U.S. District Court, Eastern District of Louisiana
    • U.S. District Court, Western District of Louisiana
    • U.S. Court of Appeals for the Fifth Circuit
    • Louisiana
  • CLERKSHIP+

Kelsey Kornick Funes

Kelsey Kornick Funes represents both plaintiffs and defendants in their disputes involving public and private construction projects. She has represented owners, contractors, subcontractors, suppliers and design professionals in state and federal courts in Louisiana, as well as mediation and arbitration across the Gulf Coast region.

Ms. Funes has handled matters involving all aspects of the construction process, including public bid protests, delay and inefficiency claims, claims involving construction defects, enforcement of payment and lien claims, as well as claims against performance and payment bonds. Ms. Funes also represents contractors before the Louisiana State Licensing Board for Contractors.

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Kelsey Kornick Funes represents both plaintiffs and defendants in their disputes involving public and private construction projects. She has represented owners, contractors, subcontractors, suppliers and design professionals in state and federal courts in Louisiana, as well as mediation and arbitration across the Gulf Coast region. 

Ms. Funes has handled matters involving all aspects of the construction process, including public bid protests, delay and inefficiency claims, claims involving construction defects, enforcement of payment and lien claims, as well as claims against performance and payment bonds. Ms. Funes also represents contractors before the Louisiana State Licensing Board for Contractors.

Ms. Funes regularly counsels clients in the drafting and negotiation of construction contracts. She has extensive experience drafting and negotiating AIA documents, design/build and EPC contracts.

Outside of the construction arena, Ms. Funes has successfully represented clients in a variety of commercial matters including tax sale redemption, products liability, premises liability, anti-trust, professional liability and environmental insurance coverage.

Ms. Funes regularly speaks at seminars and briefings on construction-related topics. She is also the author of a number of published works relating to Louisiana construction law, the use of electronic documents in Louisiana and Louisiana’s rules of professional conduct.

Ms. Funes currently serves as the practice coordinator of the Baton Rouge Litigation practice.

Experience

  • Represented industrial owner in negotiation of EPC contract to build multi-million dollar manufacturing facility.
  • Represented contractor in negotiation of EPC contract for construction of distillery in U.S. Virgin Islands.
  • Representing a national fertilizer manufacturer in drafting and negotiation of multiple procurement and construction contracts in connection with a $2 billion expansion of its existing facility in Donaldsonville, LA.
  • Representing a North American chemical manufacturer in drafting of an EPC contract for the expansion of an existing plant in Southeast Louisiana.
  • Representing an international energy company to provide Louisiana law advice regarding the EPC contract to construct a liquefaction facility at an existing facility in Hackberry, LA.
  • Representing an international energy company to provide Louisiana law advice regarding the EPC contract to construct a liquefied natural gas facility in Southwest Louisiana.
  • Representing the owner in drafting and negotiating an EPC contract for the construction of an industrial manufacturing facility in North Louisiana.
  • Representation of general contractor in public bid protest regarding construction of multi-million dollar addition of public hospital.
  • Representation of underwriters at Lloyds of London in litigation in which a major petroleum corporation has sued for coverage of pollution costs at over 5,000 sites in the United States and Canada.
  • Represented large corporation in anti-trust litigation involving international price-fixing and market allocation cartel.
  • Represented corporate owner of office building in litigation regarding property tax sale and redemption issues.
  • Represented a manufacturer of industrial equipment in numerous products liability actions.
  • Represented electrical contractor in its pursuit of a multi-million dollar claim for additional compensation from owner of power plant in California.
  • Represented general contractor in its pursuit of over $9 million in damages for delay and extended overhead against owner of industrial facility.
  • Defended E&O insurer of construction manager against $1 million breach of contract claim by owner.
  • Represented electrical subcontractor and its sureties in pursuit of payment claims in excess of $1 million and defense of defect claims in three separate venues.

Insights

Publications
  • Chapter Author, "The Lawyer's Role in Resolving Construction Law Disputes," Inside the Minds: Construction Dispute Resolution (January 2009)
  • Co-Author, "Louisiana Legal Ethics Narrative for the American Legal Ethics Library," Cornell Law School's Legal Information Institute
Speaking Engagements
  • Presentation given at the LSU Construction Law CLE (October 2016)
  • Presenter, "Negotiation: The Woman’s Perspective," given to the Society of Louisiana CPAs Women’s Leadership Conference (May 2016)
  • Presenter, "eDiscovery Cost Control Strategies on Construction Projects - Before and After Litigation," 2015 Joint Regional Conference of the Construction Financial Management Association, New Orleans, LA (July 2015)
  • ACC Louisiana/Phelps Dunbar Present "In-House Counsel Primer on the Use of Electronic Documents and Health Care Reform Compliance" CLE Program (September 2012)
  • Presenter, "Preparing for and Taking Fact Depositions," CLE for Young Lawyers, sponsored by the Louisiana Association of Defense Counsel, New Orleans, LA (February 2012)
  • Presenter, "Overview of Contract Terms Relating to Liens and Enforceability of Lien Waivers," sponsored by Lorman Education Services, Lafayette, LA (January 2012)
  • Presenter, "Overview of Alternative Dispute Resolution Process," sponsored by Lorman Education Services, Lafayette, LA (January 2012)
  • Baton Rouge Employment Law Breakfast Briefing (September 2011)
  • Presenter, "The Legal and Financial Ramifications of Louisiana Senate Bill No. 218, La. R.S. 9:4815 (The Retainage Escrow Requirement)," Phelps Dunbar Construction Industry Breakfast Briefing, Baton Rouge and New Orleans, LA (January 2011)
  • Presenter, "Contract Information and Drafting – From Fixed Price to Cost Plus," LSU Construction Law Seminar (September 2010)
  • Presenter and Author, "Going Paperless in Construction – Legally Speaking," presentation and publication on behalf of E-Risk Consulting (June 2010)
  • Presenter, "An Overview of Louisiana Lien Law and the Prompt Payment Statute," presentation to the Baton Rouge Chapter of the Construction Finance Manager's Association (May 2010)
  • Presenter, "The New AIA Documents: Recent Changes, New Forms, Important Issues," presentation to the Baton Rouge Chapter of the American Institute of Architects, Baton Rouge, LA (May 2008)
  • Presenter, "An Overview of the Changes in the 2007 AIA Documents and a Comparison with ConsensusDOCS," presentation to Louisiana Associated General Contractors, Baton Rouge, LA (March 2008)
  • Presenter, "The New AIA Documents: Recent Changes, New Forms, Important Issues," Phelps Dunbar Construction Industry Breakfast Briefing, Baton Rouge, LA (February 2008)
News

Memberships & Affiliations

  • American Bar Association, Forum on the Construction Industry
  • Federal Bar Association, National Young Lawyers Division (President, 2008); Baton Rouge Chapter (President, 2006)
  • Louisiana State Bar Association
  • Baton Rouge Bar Association, Young Lawyers Council (Chair, 2006)
  • Fellow of the Louisiana State Bar Association
  • National Association of Women in Construction, Baton Rouge Chapter (Board of Directors, 2009)
  • Pelican Chapter, Associated Builders and Contractors
  • Louisiana Chapter, Associated General Contractors of America
  • Alzheimer’s Services of the Capital Area (Board of Directors, 2005-2013)
  • Executive Women International (Director at Large, 2007-2008)
  • Louisiana Attorney Disciplinary Board, Hearing Committee (Member, 2011-present)
  • Graduate of Leadership Baton Rouge, Baton Rouge Area Chamber of Commerce (2006)

Recognition

  • Female Mentor of the Year Award, Postlethwaite & Netterville (2011)
  • Greater Baton Rouge Business Report - Forty Under 40 Award (2007)
  • Louisiana State Bar Association - Outstanding Young Lawyer Award (2007)
  • Chambers USA: America's Leading Lawyers for Business 
  • AV® Preeminent Peer Review Rating from the Martindale-Hubbell Law Directory
  • Louisiana Super Lawyers