
Francis A. Kirk
Partner
Mr. Kirk’s practice focuses on all aspects of construction law, as well as real estate disputes and commercial landlord-tenant matters.
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.
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.
Practice Areas
- Construction Law
- Real Property Disputes
Education
- Rutgers University School of Law (J.D., 1992)
- Brown University (A.B., 1989)
Admissions
- Supreme Court of New Jersey
- Court of Appeals of New York
- Federal District Court for the Southern, Eastern and Northern Districts of New York
- Federal District Court for the District of New Jersey
- U.S. Court of Claims, Federal Circuit
Memberships / Awards
- LEED Accredited Professional (LEED AP)
- Bergen County Bar Association (Member, Construction Law Section)
Speaking Engagements
- Building Blocks for Handling Construction Law Cases: 2022, New Jersey Institute for Continuing Legal Education
- 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