Overview

Kevin L. Kolton concentrates his practice in energy and commercial construction. His experiences include:

  • Drafting and negotiation of complex construction contracts
  • Negotiation of numerous large procurements of equipment and services including:
    • Selective catalyst recovery and other environmental controls
    • Heat recovery steam generators
    • Alternative energy projects including wind generation
    • Steam and gas turbines
    • Other new and emerging technologies
  • Alternative dispute resolution of disputes and litigation

He draws from a broad understanding of all facets of the construction process, including his background in engineering that preceded his practicing law.

When disputes arise, Kevin has represented clients in numerous mediations and arbitrations as well as litigation, when necessary, of complex construction claims, including performance issues, scope of work disputes, delays and inefficiencies, construction defects and errors and omissions.

Illustrative Litigation and Dispute Resolution Matters:

  • Representation of an energy company in complex multi-party litigation over the renovation of his client's largest plant, which was resolved through mediation/negotiation
  • Successful mediation concerning the performance of a cooling tower
  • Arbitration on behalf of a general contractor of claims for delays and additions in scope against a public authority
  • Arbitration of claims made against a specialty subcontractor during the construction of a major sports facility
  • Mediation/litigation of numerous construction defects in the construction of a client's manufacturing facility
  • Numerous mechanics' lien matters

In the process of advising clients in these transactions, he has developed a particular understanding of the technology and vendors in this competitive industry sector. His grasp of the procurement process also has aided him in anticipating and averting potential disputes before they occur.

Kevin's clients seek his advice throughout the construction process, during which he has provided critical assistance in the negotiation of change orders and additions to contracts, as well as advice on project controls strategies that have resulted in claims avoidance.