Professional Experience
Kevin Long is the national chair of Quarles & Brady LLP’s Commercial Litigation Group and a member of the Firm’s executive committee. His practice focuses on construction and real estate litigation. He is also experienced in U.C.C., condemnation and insurance litigation. Mr. Long’s construction litigation experience includes delay damage claims, defective labor/materials/workmanship cases, bid protests, payment disputes and jobsite injury cases. He has special experience with effect of economic loss doctrine on construction claims, enforceability of liquidated damage provisions in construction contracts and lien priority, perfection and waiver issues. Mr. Long’s recent representative engagements include:
Construction Litigation Matters
- Representing low bidder on $60 million I-94 highway reconstruction project, and defeating bid protest by second low bidder, who claimed that the low bid was materially unbalanced.
- Representing a bridge contractor pursuing delay damage claims against steel supplier whose late delivery of steel caused delay on project.
- Representing real estate developer who purchased shopping center from seller who fraudulently failed to disclose the presence of corrosive roof insulation. Case included the interplay between “as is” clauses within real estate contracts and affirmative misrepresentations made by sellers.
- Representing paving contractor in arbitration with residential developer where issue involves impact of developer’s failure to finish course of roadway for multiple years on the obligations of the parties.
- Representing five contractors in Chapter 128 lien priority disputes arising out of partially completed construction project in downtown Milwaukee.
- Representing government contractor in proceedings in the U.S. Court of Federal Claims and Wisconsin State Court. Issues involve the propriety of a Contracting Officer’s Final Decision, issues of defective design and impact of defense tender rejections under indemnification agreements and additional insured endorsements.
- Representing downtown office tower in action against curtain wall installer and manufacturer arising out of leaks.
- Representing roofing system manufacturer against allegations of design and manufacturing defects resulting in leaks.
- Representing and obtaining summary judgment dismissal in favor of developer/general contractor who was sued for lack of tar paper under portions of residential roofs. Dismissal was based on statute of limitations and economic loss doctrine grounds.
- Representing owner in a two week AAA construction arbitration against its general contractor, regarding an office tower construction dispute. Case was tried to a three-judge panel in Milwaukee and involved duties owed under AIA “A111 Cost-Plus with a GMP” contract, delay damages, slander of title, theft-by-contractor and construction accounting.
- Representing bridge contractor against allegations that contractor negligently cut telephone line where line location was misidentified by other parties.
- Representing insurance broker in complicated construction lawsuit pending in the Western District of Pennsylvania arising out of the construction of a steel mill. Allegations against our client involved administration of owner-controlled insurance program and reporting requirement under professional liability policy.
- Representing owner in a construction dispute arising out of a water main break at corporate campus. The case was settled on favorable grounds shortly before trial in Milwaukee County.
- Obtaining dismissal of two separate claims brought against our client, a manufacturer of Exterior Insulation Finish Systems (EIFS) in Wisconsin Circuit Court. Dismissals were based on application of the economic loss doctrine to construction claims. One dismissal was affirmed on appeal in Mequon Medical Associates v. Sto Corp., Case No. 02-2635 (unpublished op. 9/4/03). The other was not appealed.
- Representing owners in two separate trials in Outagamie County, Wisconsin, arising out of defective roofing materials. Case went to jury on contract and tort theories, with client recovering substantial awards in both cases.
Real Estate/Condemnation/Litigation Matters
- Representing municipality in appeal of eminent domain relocation case when issue was adequacy of comparable replacement property under Wisconsin eminent domain statutes and administrative regulations.
- Representing municipality in negotiation of relocation and moving expense rights in complicated eminent domain relocation case.
- Representing municipality in eminent domain proceedings brought by former owner of restaurant property acquired after significant flooding.
- Representing landowner against the Wisconsin Department of Transportation in eminent domain challenges to access rights limitations placed in Award of Damages issued by WisDOT.
- Representing Auto Dealership in condemnation action in Waukesha County, Wisconsin, after partial taking by Department of Transportation. Case was settled at over three times condemnor’s jurisdictional offer.
- Defending major transformer manufacturer in $6 million fire case pending in Mason County, Kentucky, where plaintiff alleged that our client’s product started the fire. Matter was settled on very favorable terms on eve of trial.
- Representing cellular tower owner in fraud case brought in Grand Forks County, North Dakota, against seller who misrepresented rents received on tower. Matter was settled on very favorable terms on eve of trial.
- Representing landowner in eminent domain jury trial in Fond du Lac County, Wisconsin. Jury verdict resulted in just compensation award to our client of just under three times the condemning authority’s jurisdictional offer. Accordingly client was entitled to those additional funds and repayment of all costs and expenses of litigation.
Education and Honors
- Marquette University Law School (J.D., 1992)
Marquette Law Review.
- Marquette University (M.B.A., 1992)
- Marquette University (B.S., 1989)
Degree: Civil Engineering, Chi Epsilon, Alpha Sigma Nu, All-University Commencement Speaker.
Bar Admissions
Wisconsin,
1992
Court Admissions
U.S. Court of Federal Claims, 2008
U.S. Court of Appeals, 7th Circuit, 2003
U.S. District Court, Western District of Wisconsin, 1999
U.S. District Court, Eastern District of Wisconsin, 1992
Pro hac vice admissions throughout the country
Professional Recognition
Named the Best Lawyers’ 2012 Milwaukee Litigation - Real Estate Law Lawyer of the Year.
Martindale-Hubbell AV
® Peer Review Rated.
Listed in
The Best Lawyers in America® (2011-present: Commercial Litigation). Named Real Estate Litigation Lawyer of the Year by
The Best Lawyers in America.Selected for inclusion in the 2009-2010
Wisconsin Super Lawyers® lists (Construction Litigation).
Professional and Civic Activities
- State Bar of Wisconsin (Member, Construction and Public Contract Law Section).
- American Bar Association (Member, Construction Litigation Committee).
- US Law Firm Group (Member, Construction Law Section).
- Seventh Circuit Bar Association (Member).
- Eastern District of Wisconsin Bar Association (Member).
- Milwaukee Bar Association (Member).