Brian P. Kirwin
Brian Kirwin has practiced construction law in Florida for over 17 years. His practice is limited solely to construction legal matters and involves all aspects of construction, from contract drafting and project concurrent advice, to claims preparation and litigation or arbitration. He has represented all types of construction clients, including public and private commercial owners, general contractors, subcontractors, suppliers, sureties and design professionals in all manner of construction disputes.
Mr. Kirwin has represented clients in the preparation or negotiations of hundreds of construction and design contracts, and is very experienced in dealing with industry form documents generated by AIA, EJCDC and AGC. As examples, he has drafted contracts for highway projects, design-build stadiums, and construction management at risk everglades restoration programs, coal-fired power plants, as well as all types of commercial construction facilities. Brian has significant experience with Design-Build, Cost-Plus, Construction Management Agent, and Construction Management at Risk, and Guaranteed Maximum Price contracts, representing the interests of the owner, contractor or design-professional in various circumstances.
Brian has represented counties, municipalities, school boards and water management districts in the defense of bid protest and general procurement disputes, often litigating these matters before the Florida Division of Administrative Hearings. He has also successfully represented numerous contractors in bid challenges and disputes throughout Florida on issues such as non-responsiveness, non-responsibility or unbalanced bids.
His experience also includes arbitrating and litigating all types of construction claims, from multi-million dollar delay, disruption, acceleration or inefficiency claims, to large complex multi-party construction defect lawsuits. Mr. Kirwin has prosecuted and defended payment and performance bond lawsuits, lien claims, ADA suits, and design defect disputes. He has litigated cases in all major metropolitan areas throughout Florida.
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| PRACTICE AREAS: |
Construction Law |
| EDUCATION: |
The Catholic University of America, BA 1987
The Catholic University of America, JD 1990
Editorial Asst., The Catholic University of America Law Review |
| CERTIFICATIONS: |
Board Certified in Construction Law (Inaugural Certification Class 2005) |
| COURT/BAR ADMISSIONS: |
State Bar of Florida, 1990 |
| PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS: |
Associated General Contractors of America
Associated Builders & Contractors
American Bar Association, Forum On The Construction Industry
Florida Bar, Construction Law Committee |
| HONORS/AWARDS: |
Orlando Magazine Best Lawyers in Orlando 2006, 2007
Florida Trend Magazine Florida’s Legal Elite 2006
Florida's Superlawyers 2005, 2006, 2007
Chambers & Partners 2005, 2006, 2007
Best Lawyers in America 2006, 2007
Martindale Hubbell AV Rating |
| PUBLICATIONS: |
Numerous articles and speeches presented on construction law subjects. |
| REPORTED CASES: |
Moreno Construction, Inc. v. Clancy & Theys Construction Co., 722 So.
2d 976 (5th DCA 1999); Carlson Corporation/Southeast v. School Board
of Seminole County, 778 F.Supp. 518 (M.D. Fla. 1991) |
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