Construction & Government Contract Litigation
When the project becomes a dispute, you need a litigator who knows how it was built.
Kevin Fowler represents general contractors, owners, subcontractors, architects and design professionals in construction disputes, federal contract claims, liens, surety bond claims and commercial litigation, from the first notice letter through trial.
Practice areas
Focused on the disputes that decide whether a project makes money.
Construction Litigation
Representation of general contractors, owners, subcontractors, architects and design professionals at every phase of a construction project: delay and disruption claims, differing site conditions, change orders, defective work allegations, back charges and payment disputes. Kevin handles these matters from claim preparation through discovery, motion practice, arbitration and trial.
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Government Contracts & Federal Claims
Certified claims, requests for equitable adjustment and appeals involving local, state and federal agencies, including matters before the Boards of Contract Appeals and the U.S. Court of Federal Claims.
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Liens & Surety Bond Claims
Mechanic's lien and payment bond claims, including the notice and deadline requirements where a single missed step can forfeit a claim.
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Contract Disputes & Terminations
Breach of contract, termination for default or convenience, and good-faith-and-fair-dealing claims in construction and commercial settings.
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Commercial Real Estate Lease Disputes
Shopping center and commercial lease litigation, including termination rights, use restrictions and lease interpretation, backed by years of in-house lease analysis.
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Prevailing Wage & Fee Recovery
Davis-Bacon and Little Davis-Bacon Act wage issues, and Equal Access to Justice Act applications to recover attorneys' fees from the government.
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Appeals & Motion Practice
Appellate briefing, including before the Alaska Supreme Court, and dispositive motions such as summary judgment, motions to dismiss and motions in limine.
Project experience
More than $1 billion in combined contract values, on projects large and small.
- Bridges
- Harbors
- Docks
- Seawalls
- Quarry operations
- Airport repaving
- Roadway development
- HVAC
- Schools
- Apartment complexes
- Commercial buildings
Track record
A harbor in the Aleutian Islands, a four-week trial and a $30 million judgment.
Kevin litigated a government contract claim over a harbor built at False Pass, Alaska. The U.S. Army Corps of Engineers maintained throughout that it had not breached the contract. After a four-week bench trial before the Armed Services Board of Contract Appeals, the three-member panel unanimously awarded Kevin's client approximately $21 million in damages and $9 million in interest.
"So significant" and "a huge milestone for government contractors."
ABA Forum on Construction Law, on Kelly-Ryan, Inc., ASBCA No. 57168 (2017)
- Consulted on a successful $2 million Equal Access to Justice Act claim for attorneys' fees against the U.S. Army Corps of Engineers following a four-week trial.
- Drafted the opening and reply briefs in an Alaska Supreme Court appeal on Little Davis-Bacon Act wages for construction work on a privately owned building housing Department of Labor offices.
Prior results do not guarantee a similar outcome. Every matter depends on its own facts and law.
Approach
Get ahead of the risk. Then, if it comes to it, fight to win.
Before the dispute
Contractors are experts at building. Navigating statutes, notice provisions and government requirements is a different skill. In a field this regulated, missing one requirement can wipe out a multimillion-dollar claim. Kevin works alongside clients during the project, acting as an extension of the team, to understand the playing field and address problems before they become lawsuits.
When it is a dispute
When a matter goes to litigation, preparation is everything: a properly certified claim, a disciplined discovery plan and a trial record built exhibit by exhibit. Kevin has taken and defended dozens of depositions, briefed dispositive motions and appeals, and tried cases to judges, juries and administrative boards.
About Kevin
Kevin D. Fowler
Kevin has successfully navigated his clients' best interests in government contracts, construction litigation, commercial real estate lease disputes and nearly every type of breach of contract issue. He has effectively represented general contractors, owners, subcontractors, architects and design professionals in every phase of a construction project, and has experience with both bench and jury trials, hearings, arbitrations and mediations, having appeared in state and federal courts and before U.S. Government Boards of Contract Appeals.
He trained under a seasoned construction law attorney in the Pacific Northwest and spent more than a decade in a complex construction litigation practice, handling construction cases, lien claims, surety bond claims, contract disputes, terminations, Equal Access to Justice Act applications and Little Davis-Bacon Act payment issues. He most recently served as a Principal at Truss Faber PC, a Seattle firm serving construction and manufacturing clients.
From 2015 to 2018, Kevin practiced federal litigation in Albuquerque, defending doctors and nurses against Eighth and Fourteenth Amendment claims and conducting more than 40 depositions of expert and fact witnesses.
Before law practice, he directed a team of lease analysts at Albertsons' corporate offices, managing a portfolio of more than 1,300 real estate leases, experience he still draws on in commercial lease disputes.
- Education
- J.D., Gonzaga University School of Law, 2006. Executive Editor, Gonzaga Law Review; merit scholarship recipient.
- B.S., Boise State University, 2003. Dean's List with High Honors.
- Bar admissions
- Alaska
- U.S. District Court for the District of Alaska
- U.S. Court of Federal Claims
- Experience
- Truss Faber PC, Principal
- Dale R. Martin PS (Barokas & Martin), Attorney
- Park & Associates LLC, Attorney
- Barokas Martin & Tomlinson, Attorney
Contact
Talk through your project or claim.
Deadlines on notices, liens, bonds and government claims can be short and unforgiving. Reach out early. Kevin will respond promptly to schedule a consultation.
Minneapolis, MN 55406
Please do not send confidential information until we have spoken and confirmed there is no conflict of interest. Contacting this office does not create an attorney-client relationship.