Kevin Fowler

Senior Associate

Kevin Fowler is an experienced and skilled litigator who has successfully navigated his clients’ best interests in the areas of government contracts, construction litigation, commercial real estate lease disputes, breach of contract, Eighth/Fourteenth Amendment federal rights defense and personal injury.  He has effectively represented general contractors, owners and subcontractors in every phase of a construction project.  He has experience with both bench and jury trials, hearings, arbitrations, and mediations, having appeared in state and federal courts and U.S. Government Boards of Contract Appeals.

Experience

Prior to joining Truss Faber, Kevin spent 10 of his previous 13 years working in a complex construction litigation practice.  During that time, Kevin gained invaluable experience working with clients on all types of construction cases, lien claims, surety bond claims, breach of contract disputes, termination issues, Equal Access to Justice Act applications and Little Davis Bacon Act payment issues.

One government contract case that Kevin litigated as “second-chair” involved a harbor built in the Aleutian Islands at False Pass, Alaska that culminated in a four-week bench trial in front of the Armed Services Board of Contract Appeals (“ASBCA”).  From submission of the certified claim through motions practice, depositions, negotiations and trial, the U.S. Army Corps of Engineers (“USACE”) was steadfast that the government had not breached the contract and was unwavering in its belief that the contractor may recover neither cost overruns incurred due to the government’s bad-faith administration of the contract nor the cost of funds borrowed to complete the project.  After the bench trial, the three-member panel unanimously awarded Kevin’s client a $30 million judgment against USACE (approximately $21 million in damages and $9 million in interest).  The case (Kelly-Ryan, Inc., ASBCA No. 57168 (2017)) was later described by the American Bar Association Forum on Construction Law as “so significant” and “a huge milestone for government contractors.”  See Meredith R. Philipp, A Turning Point: The Award of Damages For the Government’s Breach of the Duty of Good Faith and Fair Dealing, Vol. 4, Issue 4 ABA Gov’t. Constr. Div. 13 at p. 8-9 (Jan. 2018).  The case has been cited for the proposition that an unilateral contract change by the government can support recovery of damages for the government’s breach of the duty of good faith and fair dealing and the contractor is not simply limited to recovery under the “Changes” clause of the contract.

During the three-year stint where he was not working in construction law, Kevin worked with an insurance defense firm in Albuquerque, New Mexico from 2015 to 2018, while his wife completed a medical residency at the University of New Mexico Hospital.  During that time, Kevin defended doctors and nurses against federal claims asserted by prisoners for alleged “deliberately indifferent” violations of Eighth/Fourteenth Amendment constitutional rights.  He successfully “first-chaired” numerous depositions, drafted motions in limine, motions to dismiss, motions for summary judgment and attended hearings, mediations and arbitrations.

Bar Admission  Alaska


TRUSS FABER PC, SEATTLE, WA |  PRESENT
Senior Associate

DALE MARTIN, PS (formerly Barokas Martin & Tomlinson) Alaska Office, Remote, ANCHORAGE, AK | January 2018 – October 2022
Attorney, Member Alaska State Bar

  • Worked with Dale R. Martin and Herbert A. Viergutz to develop and promote new business for the Anchorage satellite office.
  • Consulted on a successful $2 million claim for attorneys’ fees against the United States Corps of Engineers related to a large-scale construction project that culminated in a four-week trial.
  • Drafted the Opening Brief and the Reply Brief for Alborn Construction, Inc. v. Alaska Labor Standards and Safety Division, which involved the payment of Little Davis Bacon Act (LDBA) wages for construction work performed on a privately owned building which housed the Department of Labor offices.  
  • Drafted motions for summary judgment, appellate briefs and discovery documents in the areas of construction litigation, contract litigation and commercial litigation.
  • Performed large-scale document review projects for construction litigation, breach of contract and government contract disputes.  Developed privilege logs and coded documents for relevancy.

PARK & ASSOCIATES, ALBUQUERQUE, NM | November 2015 -January 2018
Attorney, Admitted: U.S. District Court--District of New Mexico

  • Responsible for all phases of a federal litigation practice from initial case intake, discovery, depositions, motion practice and trial in the areas of medical malpractice, insurance defense and Eighth/Fourteenth Amendment prisoners’ rights claims.
  • Personally prepared for and conducted more than 40 depositions of both expert and fact witnesses.
  • Drafted numerous summary judgment motions, motions to dismiss, motions in limine and motions to strike expert reports.

BAROKAS MARTIN & TOMLINSON, SEATTLE / ANCHORAGE | July 2010 - September 2015
Attorney / Paralegal, Member Alaska State Bar

  • Second-chair on a $35 million construction trial against the United States Corps of Engineers related to a harbor built in False Pass, Alaska.  Responsible for all phases of the litigation process, from certification of the original claim; propounding and responding to discovery; preparing for and taking depositions; drafting and responding to motions in limine; preparing more than 175 exhibits for use at trial; and conducting direct and cross examinations at trial.
  • Managed all aspects of complex litigation claims involving construction disputes, employment law, employment contracts and personal injury.
  • Assisted with multiple shopping center lease litigation disputes ranging from interpretation of termination rights, determining the scope of allowable use restrictions and good faith and fair dealing negotiation issues.
  • Drafted appellate briefs, motions to dismiss, summary judgment motions and prepared all necessary declarations and attachments for same.
  • Drafted discovery requests and responses thereto, witness lists and exhibit lists.
  • Performed large-scale document review projects for construction litigation, breach of contract and government contract disputes. Developed privilege logs and coded documents for relevancy.

ALBERTSONS CORPORATE OFFICES, BOISE, ID | April 2007 - September 2009
Lease Analyst / Paralegal

  • Directed a team of lease analysts in order to accurately manage and review a portfolio of more than 1,300 real estate leases, 800 automatic teller machine agreements and 300 ground leases.
  • Responsible for reviewing and interpreting relevant financial information, critical dates and building maintenance clauses contained in commercial real estate leases and applicable amendments thereto.
  • Assisted with drafting real estate leases, amendments, SNDA agreements and other commercial real estate documents.
  • Developed and implemented specific projects for each member of the real estate lease abstraction team in order to ensure the leasing documents for all properties were properly abstracted and tracked in the Strategic Lease Information Management (SLIM) database.

Special Skills

  • Experience with Relativity Document Review and the creation of privilege logs.  I have reviewed and coded hundreds of thousands of documents during my legal career.
  • Reviewed and edited more than 1,300 commercial real estate leases to ensure critical terms and dates were properly tracked in the SLIM (Strategic Lease Information Management) real estate database.
  • Extensive knowledge of Federal Construction Contracting Principles and Regulations (FAR/EFARS).
  • Highly skilled in the use of WestLaw, WestLawNext and LexisNexis.
  • Mastery of Microsoft Office programs (Word, Outlook, Excel and PowerPoint).
  • Proficient in managing multiple tasks simultaneously with the utmost professionalism.
  • Experience with construction litigation, personal injury litigation, contract formation and employment law.

Education

J.D. | Gonzaga University School of Law, Spokane, WA | 2006
· Gonzaga Law Review
Editorial Board Member (Executive Editor)
· Highest Overall Score: Gonzaga Law Review Student Notes Writing Competition
· Merit Scholarship Recipient

B.S. | Boise State University, Boise, ID | 2003
· Golden Key International Honour Society (Denotes top 15% of students)
· Dean’s List with High Honors

Truss Faber PC provides legal counsel to the construction and manufacturing industries and companies involved in government contracts. Truss Faber’s senior-level team has deep experience and a proven track record of prioritizing results and efficiency over red tape, delivering clever solutions to complex legal problems.