By Sheila Pursglove
Legal News
Attorney Maureen Thomas was introduced to the construction industry early in her career; working at Dykema’s Oakland County office, she was asked to serve as second chair in a complex construction defect case, with (now U.S. District Court Judge) Nancy Edmunds.
“I was hooked,” she says. “The case was appealed twice and both decisions were published, a nice bonus for a young associate.”
That passion has led to a long career in this niche; and for the past decade, Thomas has been a consultant at Building Materials Holding Corporation (BMHC), where she provides legal and risk management expertise to one of the largest domestic suppliers of building materials and construction services. Working from her home office on Cedar Island Lake in Oakland County’s White Lake Township, she is part of a team that handles enterprise risk assessment, development of risk management strategy and managing broker and carrier relationships. She also assists with acquisition due diligence and integration and serves as legal liaison to the credit, sales and customer service functions.
“I love the variety – negotiating contracts, working through issues that occur during construction, resolving post construction issues,” she says. “There are also many related insurance coverage issues that I find very interesting; so this is one area where I specialize.”
In June 2009, BMHC filed Chapter 11.
“It was pre-planned and moved quickly. Our plan was confirmed in December and we emerged in early January 2010,” she explains “Bankruptcy lawyers are experts on the Code and related bankruptcy issues, but often lack a deep understanding of the client’s industry and its unique legal nuances, so we worked together very closely to identify issues, brainstorm strategy and develop a final plan.
“From an intellectual perspective, it was one of the most interesting times in my career. I couldn’t wait to get downstairs to the office each morning, turn on my laptop and dig in. Yet, at the same time the company was downsizing significantly; numerous locations closed and many friends lost their jobs. That was gut wrenching.”
A personal highlight from the bankruptcy was the company’s adoption of her recommended strategy on handling prepetition construction defects liabilities.
“We eliminated a multi-million dollar exposure without losing a single customer” she says proudly.
During the decade Thomas served as vice president and associate general counsel for Pulte Homes, one of her most memorable cases was negotiating a first-of-its-kind settlement with the Department of Justice in connection with alleged violations of Fair Housing Handicapped Accessibility regulations.
“In 1997, the Department of Justice commenced a well-funded enforcement campaign of the handicapped accessibility requirements in the Fair Housing Act,” she explains. “Although the laws had been on the books since 1991, there was little guidance provided to the industry and as a result, lots of misunderstanding which led to non-compliance. It was pretty clear that my client had been singled out by DOJ due to its national status. Although the potential fines could have been substantial, we were able to convince the DOJ investigators that it was in all parties’ best interests to avoid a lengthy and expensive legal battle and instead focus on a win-win outcome.”
As a result, in lieu of fines, Pulte funded an educational program that Thomas created with the National Association of Homebuilders covering handicapped accessibility legal and design requirements in residential housing. There was also a segment on new products and materials to help meet accessibility standards.
“We tried to show that accessible could be functional, affordable and esthetically pleasing” Thomas explains.
Presented to homebuilders in Michigan, Florida, Colorado, Nevada and Washington, D.C., every session was filled to capacity.
“It took the conversation to a whole new level and increased compliance significantly,” Thomas says. “Even now when I walk into a covered multi-family project, I look for accessibility issues. As the population ages this is really a marketing opportunity the industry should embrace, rather than a legal compliance box to check off.”
The legal field has always “felt like home” to Thomas, who enjoys research, writing and debate; and the evening program at Detroit College of Law enabled her to earn a J.D., cum laude, while working full time at Michigan National Corporation.
Often the only woman in the room, she can more than hold her own in the male-dominated construction industry.
“Every now and then I run into an ‘old-school’ client, but once we start to work together his concern about being represented by a ‘lady lawyer’ quickly disappears,” she says.
She has enjoyed watching diversity expand in her chosen field over the past 20-plus years.
“There are still very few female construction workers on job sites, although in skilled trades that’s changing,” she says. “However, women have made great strides in architecture and design, purchasing, technology, finance, legal and management – which frankly are some the more lucrative construction positions.”
When not working, the Westland native enjoys time with family, spinning classes, golfing, and water sports including kayaking and stand up paddle. She is an avid gardener and spends winters downhill and cross-country skiing. President of her homeowners association for seven years, she organizes many lake-wide activities including the annual fireworks display which is “the best in the lakes area.”
A self-termed “volunteer-aholic,” she was a very hands-on board member of Habitat for Humanity Detroit from 1998 to 2006 and spent a decade mentoring young professional women through the Menttium 100 program. A graduate of Eastern Michigan University and recipient of EMU’s 2010 Distinguished Alumni Award, she has served on the EMU Foundation Board since 2001; including two years as board chair during which time the Foundation kicked off a $50 million comprehensive campaign.
Although Thomas holds a residential builders license, don’t expect to find her armed with a hammer or drill.
“I don’t have the patience for most DIY (‘Do It Yourself’) projects,” she says. “I have tremendous respect for construction industry professionals and I leave the skilled labor to them. However, I enjoy interior design and put my industry knowledge to good use when selecting building materials and hiring contractors.”
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