Practice Areas
Industries
Bar memberships
- Indiana
Courts
- U.S. District Court for the Southern District of Indiana
- U.S. District Court for the Northern District of Indiana
Education
- Indiana University School of Law, J.D., 2003
- Dean's Tutorial Society
- Moot Court - Order of Barristers
- Ball State University, B.S., 1998, psychological sciences
- Phi Beta Kappa
Brian M. Falcon
Brian concentrates his practice in construction law and litigation, public contract law, surety law and business litigation. He represents all participants in the construction process, including owners, general and prime contractors, subcontractors, and construction sureties in contract negotiations and in all forms of construction disputes, including claims for delay, differing site conditions, construction defects, and mechanic’s liens and bond claims. Brian is admitted to practice in Indiana and in the U.S. District Courts, Southern District and Northern District of Indiana.
Highlights & Recognitions
- Selected for inclusion in Indiana Super Lawyers® Rising Stars, 2009, 2010, 2011, 2012
Memberships & Affiliations
- Indianapolis Bar Association
- Indiana State Bar Association, Construction and Surety Law Section
- American Bar Association Forum on Construction Industry, Division 7
- Indiana Construction Association, Membership Committee; Public Relations Committee; Future Leaders Organization
- Associated General Contractors of America, Project Delivery Committee; Contract Documents Committee
Recent Blog Posts
- Indiana Court of Appeals Rules Against Contractor and Performance Bond Surety on Contractor's Differing Site Conditions Claim
- Owner’s Failure to Follow Contractual Requirements Regarding Termination and Notice of Claim to the Performance Bond Surety is Fatal to Claim
- Contractors' Reliance on Erroneous Information From County Auditor Does Not Save Defective Mechanic's Lien
- Economic Loss Doctrine Alive and Well in Indiana
- "Parties may be bound to contract terms even in absence of signed agreement"
- “'Successful Party' fee-shifting provision does not authorize recovery of fees in absence of a judgment"
- Mortgagees in Indiana Have Priority Over Mechanic's Lien Holders Improving Land for a Residential Subdivision
- CGL Policy Does Not Cover General Contractor's Risk of Negligent Work by its Subcontractors
- A "Stark" Reality on Claim Notice Provisions in Indiana
FBT Publications
- Indiana Court of Appeals Rules Against Contractor and Performance Bond Surety on Contractor's Differing Site Conditions Claim
- Common Mistakes of Indiana’s Mechanic’s Lien Claimants (And How To Avoid Them)
- General Contractors May Have Coverage For Costs Arising Out Of Subcontractors' Defective Work
- Are Construction Bid Errors Up in a Down Economy?
- A "Stark" Reality for Indiana Contractors Who Do Not Strictly Comply with Contractual Claim Notice Provisions
Press Releases
- 23 Frost Brown Todd Attorneys Named to Indiana Super Lawyers®; 11 Attorneys Named to Rising Stars®
- Frost Brown Todd Appoints 12 New Members
- 23 Frost Brown Todd Attorneys Recognized by Indiana Super Lawyers® and 12 Recognized by Indiana Rising Stars® for 2012
- 18 Frost Brown Todd Attorneys Recognized by Indiana Super Lawyers® and 8 Recognized by Indiana Rising Stars® for 2011
- 18 Frost Brown Todd Attorneys Recognized by Indiana Super Lawyers® and 7 Recognized by Indiana Rising Stars® for 2010
Civic & Charitable Organizations
- Fishers Chamber of Commerce
Non-FBT Publications and Events
“Public Contracts and Procurement Regulations in Indiana”
Lorman Education Services, May 2008
“Failure to Give Claim Notices for Delays and Additional Costs—How Bad Is It, Really?”
Associated Builders and Contractors Southern Council, 2007
“Recent Developments in Mechanic’s Lien Law”
Associated Builders & Contractors, April 2006
“Contractors”
Indiana Construction Law, Chapter Two, contributing author, 2008
“Delays”
Indiana Construction Law, Chapter Seven, contributing author, 2008
