Mr. Kirk's practice focuses on all aspects of construction law, as well as real estate disputes and related business litigation matters, largely for property owners. To meet the ever-expanding need of his clients' business, Mr. Kirk is a U.S. Green Building Council LEED Accredited Professional (LEED AP), knowledgeable about Green Building requirements, practices and procedures-information that is critical to both the construction and real estate industries alike.
Mr. Kirk understands his clients' need for today's advice from a lawyer whose industry knowledge is equal to their own, but whose legal experience brings the added dimension necessary to craft solutions to any issue they face. He understands that it is critical to provide cutting-edge legal advice grounded in experience that comes with practice as a collaborator, negotiator and, when necessary, litigator. Mr. Kirk's practice brings all those skills and considerations to bear.
Mr. Kirk prepares and negotiates construction contracts for a variety of projects and parties, such as commercial and residential buildings and engineering, procurement, and contracting agreements for energy projects.
His litigation experience runs the full gamut of construction and real estate matters including: actions for specific performance, condemnation actions, contract performance and payment disputes, construction defects, breach of construction contracts, construction professional negligence actions, construction job site accidents; real property disputes and commercial landlord-tenant matters. He is also experienced in construction lien claims, bidding laws, and related matters.
Mr. Kirk has tried many cases to verdict in all manner of forums including both State and Federal courts, in New Jersey and New York. He has also completed numerous arbitrations before the American Arbitration Association and the International Court of Arbitration of the International Chamber of Commerce, among others. Recent experience includes concluding an international arbitration concerning a hydroelectric dam project in Central America that proceeded on an expedited schedule and involved parties and witnesses throughout the world.
Mr. Kirk is similarly seasoned in the art of Appellate advocacy, having considerable success writing briefs and arguing before the Appellate Division in both New Jersey and New York.
Mr. Kirk has been a featured lecturer for several years on New Jersey Construction Lien Law for Lorman Seminars. He is also active in the Northern New Jersey Chapter of the U.S. Green Building Council.
Memberships & Affiliations
American Bar Association Forum on the Construction Industry, Member
LEED Accredited Professional (LEED AP)
U.S. Green Building Council, New Jersey Chapter
Representative Matters
Representation
Mr. Kirk primarily represents residential and commercial property owners in construction matters, real estate disputes, general litigation, insurance coverage disputes and commercial landlord/tenant actions. He represents design professionals and contractors in construction matters. He also represents parties in shareholder and partnership disputes.
News
05/21/09, Four McCarter & English Attorneys Recognized As Leed Accredited Professionals
Speaking
05/04/12, Owner-Construction Manager Agreements (A121 and A131)
Francis A. Kirk
Lorman Education Services-AIA Contracts Seminar, Parsippany Holiday Inn, Parsippany, NJ
Publications
03/21/11, Legislative Initiatives to Reduce Stormwater Runoff
Francis A. Kirk
M&E Construction Law Alert
08/06/10, Recent New Jersey Supreme Court Spoliation Decision
Francis A. Kirk
M&E Construction Alert
01/26/09, Green Building Can Be Profitable
Francis A. Kirk
New Jersey Law Journal
11/11/08, Why Commit To Green Projects? Incentives make it worth the effort
Mary Jane Augustine, Francis A. Kirk and Brian P. Rice, Steve Gonzalez
New York Law Journal
03/27/06, Is Termination for Convenience Ever Fair?
Francis A. Kirk
New Jersey Law Journal
07/01/05, Top Ten Most Important Clauses of a Construction Contract
Timothy S. Fisher and Francis A. Kirk, Salvatore Fornaciari
72 Defense Counsel Journal, 250 (2005)
Blog Posts
04/22/2011, Legislative Initiatives to Reduce Stormwater Runoff, Part 3