Francis A. Kirk
Mr. Kirk's practice focuses on all aspects of construction law, as well as real estate disputes and commercial landlord-tenant matters. 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 various forums including jury trials in both State and Federal courts, in New Jersey and New York. He has also completed numerous arbitrations before the American Arbitration Association.
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 and other topics.
Speaking Engagements / Publications
- Protecting Rights to Payment: American Society of Civil Engineers, 2017
- Ethics for Design Professionals: ASCE, 2015
- Legal Considerations for Design Professionals: Institute for Design Professionals Seminar, 2015
- Construction Law for Public Projects: Halfmoon Seminars, 2014
- Fundamentals of Construction Contracts in New Jersey: Understanding the Issues: Lorman Seminar, Fairfield, New Jersey, 2014
- AIA Construction Contracts: Lorman Seminar, 2013
- Owner-Construction Manager Agreements (A121 and A131): Lorman Seminar, 2012
- Changing rights and obligations for construction defects in community associations in New Jersey, M&E Construction and Infrastructure Alert - 07/11/2013
- The International Green Construction Code: Raising the Bar from the Ground Up, M&E Construction and Infrastructure Alert - 11/06/12
- Legislative Initiatives to Reduce Stormwater Runoff, M&E Construction Law Alert - 09/03/12
- Connecticut Supreme Court Reaffirms State's Immunity from Statutes of Limitation, M&E Construction Alert - 03/21/11
