Services

Industries & Practices

Construction

We offer a comprehensive range of services to clients across the construction industry. Whether you are building, developing, managing or financing a construction project, we can help.

Our Board Certified construction litigators aggressively secure creative solutions for our clients that make strategic sense. We have experience representing builders, trade contractors, architects, project managers, engineers, government contractors, investors, manufacturers, and high-end home owners across a wide range of projects, from residential developments, to resort and mixed use projects, to major industrial facilities, and critical infrastructure projects.

We serve clients who work on projects in the public and private sectors, both internationally and domestically.

Contract Drafting & Negotiation

All construction projects, regardless of scale, can be subject to delays, cost overruns and unnecessary risk if not properly coordinated from the start. The earlier you engage our firm, the more you can maximize the benefits from our services. As experienced construction litigators, we understand how critical contract drafting can be when resolving disputes as a project progresses.

We regularly work with all forms of agreement within the construction industry, including traditional, CM, fast-track, multi-prime, phased, public-private partnerships, design build, engineering procurement and construction, as well as architectural, engineering, and professional service consultant agreements. Our contract drafting and negotiation experience includes AIA and other industry form agreements. We also create and adapt custom documents as needed.

For clients engaging in multiple projects, we understand the benefits of using master contract forms with project-specific work orders in order to maximize efficiency.

Public Contracting

Our construction litigation team is experienced with the specialized issues surrounding government contracting, including:

Bid Protests. We regularly represent clients in federal, state, and local procurement award protests throughout Florida

Claims and Disputes. We assist contractors in analyzing and preparing claims, requests for equitable adjustment and requests for price adjustment

State and Local Procurement. Our group represents clients selling products or furnishing services to state or local governments, as well as lawyers assisting certain governmental entities in procurement policy and implementation, contract negotiation, responses to RFPs and bids, and protests and claims.

Lien and Bond Disputes

At Loren & Kean law, we spend a great deal of time educating our clients and their staff on the process of protecting lien and bond rights. It is basic knowledge that ever contractor should understand and exercise. We use our expertise to draft constructions liens, navigate the default provisions in contracts, and draft bond claims. When all other efforts to recover are exhausted, we vigorously and efficiently pursue litigations and arbitrations to recover damages suffered by our clients.

Breach of contract, construction lien and bond disputes

Construction and design defect claims

The lawyers at Loren & Kean law have been practicing construction law for almost 30 years. Our clients do no spend their time and fees educating the lawyers on reading design drawings or educating the lawyers on the construction process. In construction design and defect claims, we have represented every type of company and person in the process -- owners, developers, general contractors, every type of subcontractor and design professionals. Most important, we are not retained by insurance companies -- our only loyalty is to our clients.

Delay, disruption and acceleration claims

Delay-type claims are one of the most complicated types of claims that contractors and construction lawyers must evaluate. Our board certified construction lawyers have the years of experience and expertise to analyze and pursue these type of claims. At Loren & Kean law, we have represented all types of contractors in public and private projects seeking damages for delay and disruption. Because we do not represent any government entities, we pursue the contractor's claim in public projects vigorously -- our only loyalty is to our clients.

Administrative and licensing hearings

At Loren & Kean law, our experienced board certified construction lawyers have decades of experience in protecting our clients in administrative and licensing hearings, including license denial or discipline for contractors and design professionals. We take pride in protecting the rights our clients where certifications have been denied by a government agency, including denial of small business or woman owned certifications.

Defense of OSHA violations and citations

The firm represents a wide range of contractors who have received citations for OSHA violations on the jobsite. Drawing upon the firm’s decades of experience representing the construction industry, the firm is well-suited to advise clients on the procedures and federal law governing the risks and best practices to defend against these citations, including negotiating for a lesser level and amount of penalty or, if necessary, challenging OSHA’s allegations in an administrative hearing. In short, the firm’s attorneys force OSHA to meet its burden to uphold a violation. Moreover, the firm will advise clients of the less obvious consequences of OSHA violations and regularly works with safety consultants to assist the client to improve their safety practices and decrease the risk of future violations.

Business & Real Estate

Business and Real Estate Litigation

The firm represents shareholders, principals and business entities throughout Florida and the nation with respect to a variety of business disputes relating to:

Contract disputes involving the sale of property

The attorneys at Loren & Kean Law have collectively over 75 years of experience advising and litigating for clients in every type of dispute involving the sale of property, including purchase and sale agreements, fraud, breach of contract, and specific performance. We take great pride in advising our clients with practical business solutions to resolve these disputes, and use the litigation process only when all other alternatives have failed.

Commercial landlord/tenant disputes

Contract disputes involving the sale of business corporate dissolution and breach of duty, shareholder agreements

Our attorneys have years of experience in representing all parties in business disputes and disputes between shareholders, partners or other types of owners. The Loren & Kean attorneys work with forensic accountants and other experts to analyze complex legal issues relating to partnership, corporation, and LLC statutes to advise and protect our clients and assist them to navigate the complex web of alternatives. When disputes cannot be resolved, we vigorously represent our clients in court and arbitrations by listening to the clients' goals and designing an aggressive plan to achieve those goals.

Title insurance claims

Labor & Employment

We exclusively represent employers of all sizes in a variety of industries, including manufacturing, health care, hospitality, real estate, construction, technology, retail, professional services, and financial institutions.

Risk Management & Policy Development

We help manage risk in the workplace, and reduce the risk of litigation, by developing employment policies which fit your business needs and ensure regulatory compliance. We advise clients regarding:

Implementation of comprehensive policies against sexual harassment, racial bias and other forms of discrimination, including complaint, investigation and remediation procedures
Internal investigations of allegations of sexual harassment, discrimination and retaliation and other workplace misconduct
Training for managers and employees on best employment practices;
Personnel policies and employee handbooks
Employment agreements
Protecting trade secrets and other confidential information
Compliance with labor and employment laws at the federal, state and local levels, including wage and hour laws, family and medical leave laws, and workers’ compensation laws
Employment law issues in corporate transactions
Position eliminations and reorganizations

We also directly advise and assist with sensitive employee discipline or termination.

Employment Litigation

In the event an employment dispute escalates, our litigators will aggressively represent you in federal or state court and before administrative agencies and arbitrators. We exclusively represent management, and have significant experience regarding:

Employment discrimination claims
Employment-related torts, including defamation and wrongful discharge
Minimum wage, overtime, bonus calculation, and wage and hour issues
Restrictive covenant litigation
Trade secret litigation

Governmental Inquiries & Investigations

Employment Agreements, Separation Agreements, & Restrictive Covenants

Factoring Litigation

Unlike many other factoring lawyers, we only represent Factoring Companies, and not account debtors. We avoid any conflicts of interest and are loyal to the factoring industry. Typical counseling involves:

Advice Regarding risk and protections in the factoring relationship

Gaining advantage of nearly 30 years of factoring litigation experience, but before any court intervention is involved, the attorneys at Loren & Kean Law take pride in advising their factoring clients on the risks and rewards of the judicial process, analyzing the dispute and offer practical business-like alternatives to avoid judicial action. While we do not draft typical factoring transactional documents, we offer expertise to transactional attorneys to strengthen the clients' documents to place the client in the strongest position should litigation be unavoidable.

Preparation and negotiation of agreements unique to the construction factoring relationships

Using his expertise in construction law and factoring experience, Bruce Loren has become the premier attorney advising clients who factor receivables in the niche area of construction factoring. In this highly specialized area, the attorneys at Loren & Kean Law have developed transactional documents unique for construction factors. Bruce Loren regularly lectures and offers webinars in this niche area, and continues to be a proud preferred attorney by the International Factoring Association.

Litigation involving breach of contract, guarantees, fraud, misappropriated payments and UCC related issues

Sometimes negotiation does not achieve a satisfactory resolution and court intervention is necessary. The attorneys at Loren & Kean Law have nearly thirty years of litigation experience representing factors across the U.S. against Clients and Account Debtors for breach of agreements, breach of guaranty and fraud. Loren & Kean is unique -- unlike other firms, we only represent Factors and never their clients or account debtors. Our loyalty is only to one side of the dispute, our clients.

International Business

As a member of IR Global, the world’s largest premier international professional services network, Loren & Kean Law represents contractors and suppliers from around the globe in construction and commercial transactions.

Loren & Kean Law represents contractors, land owners and suppliers in an extensive variety of cross-border construction and commercial transactions and disputes. The firm has earned a spot as the exclusive legal provider for construction related services in Florida from IR Global, the world’s largest premiere international professional services network consisting of attorneys, accountants and financial planners in more than 100 countries.

The firm represents companies in a variety of business transactions and disputes including the following:

Advice and counseling on land acquisition, development and construction of a wide variety of commercial, residential, and mixed-use projects
Negotiation and preparation of all necessary transactional agreements and related documents
Negotiation and preparation of all agreements and related documents relative to cross-border supply purchases and the security for payment
Advice and counseling on construction projects throughout Europe, Central and South America and Australia
Advice and representation of clients in mediation, arbitration and lawsuit relating to the above.

OSHA Defense

Under the U.S. Department of Labor, the Occupational Safety and Health Administration (OSHA) was created to protect employees in numerous industries by requiring employers to provide safe and healthy working conditions.

OSHA Defense Attorneys

Like our employment practice, the firm only represents employers and management.

Our OSHA defense attorneys are skilled in the inspection process, advising as to your rights and guidance on how to stay in control of the entire process.

A prepared employer has a plan to eliminate, minimize, and prevent hazards on their job sites. Failure to adhere to the OSHA requirements can result in citations, fines, and penalties. We can advise you to place you in the strongest position should an accident happen and dealing with the repercussions after. Consult with an experienced OSHA defense attorney to create a legal plan to protect you and your business.