Kenneth D. Smith

Overview

Ken Smith has spent three decades defending design professionals—architects, engineers, and contractors—against claims that threaten both their financial security and reputation. Clients appreciate that Ken has seen these types of disputes from both sides of the table. Seven years as in-house Lead Claims Counsel at Baltimore Gas & Electric taught him how corporate clients think about risk, not just how lawyers talk about it. He remains dedicated to drafting contracts that anticipate problems before they can become roadblocks to progress, litigating when disputes can't be avoided, and helping clients stay out of court altogether.

 Ken's litigation experience goes beyond design professional work alone. He's resolved serious premises liability, products cases, insurance coverage disputes, food poisoning claims, and a McDonald's “hot coffee” case. Ken’s range has resulted in his multi-dimensional understanding that disputes rarely involve just one issue. When a case touches several areas of law simultaneously, Ken doesn't need to get up to speed. He's already been there, which means faster and better strategies, more effective tactics, and fewer surprises.

 Notably, Ken’s utility sector advocacy deserves its own mention. Before joining BGE, Ken defended underground locating companies. At BGE, he managed cases from investigation through verdict and helped shape crisis response protocols. After returning to private practice, he worked on revisions to Maryland's “Miss Utility” law and joined the Defense Research Institute's Public Utilities Task Force. He chaired the Southeastern Electric Exchange Claims Committee, where utilities across the region compare notes on emerging risks. Few attorneys can speak that language fluently. Ken does, and it shows in how he approaches advisory service involving infrastructure projects.

Experience

• Allegheny Constr. Co. v. Town of Christiansburg, 86 Va. App. 321
• Kensington Volunteer Fire Dep't v. Montgomery County, 163 Md. App. 278
• RTKL Assocs. v. Balt. County, 147 Md. App. 647
• College of Notre Dame of Md., Inc. v. Morabito Consultants, Inc., 132 Md. App. 158

Honors & Speeches

Honors

• AV Preeminent Rated, Martindale-Hubbell, 2013 to Present

Presentations & Speeches

• Speaker, “Trends in Claims Against Utility Companies”
• Speaker, Southeastern Electric Exchange Claims Committee, 2019
• Speaker, “How to Prepare for Trial in a Utility Damage Case”
• Speaker, Greater Chesapeake Damage Prevention Conference, 2014
• Speaker, “Understanding Risks and Mitigation Strategies,” Yearly Professional Engineers CE Course Presentation (Half Moon CE), 2023-2026

News

Professional

• Member, Construction Law Section, Virginia Bar
• Member, Defense Research Institute (DRI), 1990 to Present
• Member, Maryland Bar Association Construction Law Section, 1990 to Present

Community

Outside the office, Ken is an avid diver with Advanced Open Water, Dry Suit, Aquarium, and Rescue certifications. He is a member of the Exelon Legal Department Diversity and Inclusion Committee in Washington, DC, (2017-2019), providing presentations to, and mentoring of, law school students. Ken is also an attorney volunteer for Kids in Need of Defense (KIND) in Baltimore (2017-2019), for whom he filed and prosecuted lawsuits to obtain legal status for unaccompanied immigrant minors; various high schools (2017-2019), assisting high school students to prepare for and conduct moot court and mediation competitions and judged moot court competitions; and various senior organizations in Baltimore (2015-2019), preparing wills, medical directives, and powers of attorney for low income seniors.