Kevin D. Fowler

Partner

Overview

Kevin D. Fowler is a partner and litigation lawyer with Foley & Lardner LLP. A member of the Business Litigation and Construction Practices, he practices in various areas of commercial litigation with a focus on hospitality-related litigation, construction law, partnership disputes, and real estate litigation. 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) and in healthcare-related litigation including provider disputes and ERISA matters.

Representative Experience

  • Arbitration award exceeding $5 million in an international partnership dispute before the International Chamber of Commerce (ICC).
  • Defense verdict for private equity fund in multi-million dollar litigation against former partner.
  • Arbitration award protecting licensee’s exclusive territory including award of all attorneys’ fees incurred by licensee.
  • 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 awarded 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.
  • $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.

Education

Mr. Fowler joined the firm after receiving his J.D. degree from the University of Florida College of Law. His bachelor's degree in business administration was conferred by the University of Notre Dame.

Recognition

Mr. Fowler has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system and was selected for inclusion in the 2012-2017 Florida Super Lawyers® lists.

Affiliations

Mr. Fowler serves on the board of directors of the Foundation 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.

Admissions and Professional Memberships

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.

Representative Matters

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Successfully settled an arbitration claim (AAA) for the owner of the building. We asserted claims against an asbestos abatement contractor due to property damage and abatement costs incurred by the owner when the contractor caused damage to the premises.
Successfully defended Southland Construction against a bid protest involving a $38 million contract with the Orlando-Orange County Expressway Authority. The award to Southland was challenged by the next lowest bidder, Lane Construction, who argued that Southland’s bid was late and “nonresponsive” on certain grounds. After a two-day trial, the Hearing Officer denied the protest and the Authority Board approved his Recommended Order.
Defending Ginn developer entities in construction/design defect claims related to two-mile long bulkhead in marina.