In this in-depth Q&A, principal attorney Kevin Fowler shares expert insights on navigating government regulations, when to bring in a construction lawyer, and the importance of getting ahead of risks - and his unconventional path to becoming a lawyer.
Q: Construction law, as a practice, is incredibly specialized; how did you get your start, and what led you to Truss Faber?
A: My path to being a lawyer was unconventional. In my twenties, I was an MMA fighter, but I realized I wanted a more sustainable career. So, I made some decisions about my future and went to law school.
Early in my career, I worked under a skilled construction law attorney in the Pacific Northwest. That mentorship allowed me to immerse myself in the practice and build a strong foundation in construction law. The experience set me up for success in many ways, from understanding the nuances to advising clients through real-world project challenges.
Following my mentor's retirement, I joined Truss Faber, where my experience has carried through to my work on complex projects in remote environments. In Alaska, I represented a contractor in a dispute with the U.S. Army Corps of Engineers involving post-award contract changes that fundamentally altered the project. The decision confirmed that contractors are entitled to damages when the government shifts the rules midstream.
Q: You mentioned the case where you represented a contractor in a dispute with the U.S. Army Corps of Engineers; when and why should a contractor hire a construction lawyer?
A: Construction law is detail-driven and highly regulated. By focusing on this field, we’ve built relationships with contractors to offer guidance that helps them navigate complexities where missing a single requirement can wipe out a multimillion-dollar claim.
The contractors I work with are skilled, but navigating statutes and government requirements is a completely different skill set. My goal is to proactively collaborate with contractors on projects to mitigate issues before they arise, acting as an extension of the project team.
Q: What do you see as your biggest strength as a construction law attorney?
A: Proactivity and understanding the playing field before a dispute arises is critical. By working with clients throughout a project, I help reduce risk and avoid issues later.
When things end up in litigation, my competitive side comes out, and I’m motivated to win; clients tell me they can see the fighter emerge. That is something I’ve carried over from my years in MMA, and it’s shaped how I advocate for our clients.
Q: How does your work with Truss Faber support clients in remote or hard-to-reach regions?
A: As someone who worked in Anchorage, I know how important it is to have a grasp on regulatory details and the realities of the work contractors in Alaska and other remote areas perform. A contractor needs someone who understands the unique challenges they face, and Truss Faber does.
Read more about Truss Faber’s attorneys, including Kevin, and their work in construction and manufacturing law.