Kevin D. Fowler is a partner with Foley & Lardner LLP. A member of the Construction and Business Litigation & Dispute Resolution Practices, he practices in various areas of commercial litigation with a focus on construction law, partnership disputes, real estate litigation, including landlord-tenant matters, and insurance coverage. Mr. Fowler's construction practice includes significant experience in contract preparation, bid protests, defect and delay claims. He also has significant experience in international arbitrations before the International Chamber of Commerce (ICC). Mr. Fowler is chair of the Litigation Department of Foley's Orlando office.
Mr. Fowler's significant matters include:
· Arbitration award exceeding $5 million in an international partnership dispute before the International Chamber of Commerce (ICC)
· $8.4 million settlement with a property insurer on a loss to a single family residence
· Jury verdict in excess of $2.5 million for contractor client against a performance bond surety of a defaulted subcontractor. The jury verdict exceeded the penal sum of the performance bond in a case of first impression in Florida
· Defense jury verdict for local government authority denying a $4 million contractor claim based on changed site conditions
· Jury verdict of $850,000 in favor of local government owner client against a contractor and its surety. The jury found that the contractor and surety were liable for both late completion liquidated damages of $1000/day plus liquidated damages related to interrupted owner operations at the rate of $5,000/hour, as well as actual damages. The contractor and surety ultimately paid the client $1.5 million to settle following the jury verdict
· Arbitration award in favor of life insurer denying coverage on a claim even though the official cause of loss was covered under the policy
· $1 million plus settlement with property insurers for twice the insured value of client's destroyed property
· Negotiated and prepared the design-build contract documents on behalf of a foreign auto maker for its joint-venture manufacturing facility with a Big-Three auto maker
· Prepared contract documents for the design and construction of an international airport terminal in Southwest Florida
· Negotiated and prepared the construction and design services agreement for a California children's hospital
Mr. Fowler's publications and lectures include:
· Author: "Don't Get Penalized by Liquidated Damages," Florida Real Estate Journal, July 2010 and Southeast Real Estate Business, September 2010
· Co-author and lecturer, Lorman Education Series: "Change Orders in Florida," March 2006 and 2007
· Lecturer, Lorman Education Series: "Tricks, Traps and Ploys Used in Construction Scheduling," December 2005
· Author and lecturer, "Mold Claims in the Construction Industry," March 2004
· Co-author and lecturer, Lorman Education Series: "The Fundamentals of Construction Contracts," October 2006, 2007 and 2008
Mr. Fowler joined the firm in 1996 after receiving his J.D. degree, with honors, from the University of Florida College of Law. His bachelor's degree in business administration was conferred by the University of Notre Dame.
Mr. Fowler has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system. He has served on the board of directors and as board secretary for 4C (Community Coordinated Care for Children) and has also served on the board of directors for the Notre Dame Club of Greater Orlando. Mr. Fowler volunteers as a Guardian Ad Litem for children in the juvenile court system.
Mr. Fowler is a member of The Florida Bar and is also admitted to practice in the United States District Court for the Middle District of Florida and the United States Court of Appeals for the Ninth Circuit.