Scott Kiernan

Overview

Scott’s practice focuses on complex commercial and business litigation, with a strong passion for handling litigation and disputes involving construction law. He routinely handles multiple-complex community association disputes for all parties, as well as handling construction disputes for general contractors and developers. His practice is also devoted to the specialized protections for associations when it comes to the drafting of complex construction contracts and related close-out documents for construction projects. He has devoted the life of his practice to the knowledge and protection of community association law, representing the corporate and litigation affairs of hundreds of community associations throughout Florida.

Mr. Kiernan has experience litigating in state and federal courts throughout Florida and has a proven track record of obtaining favorable results, including on appeals to forge new ground in the endless consumer protections for community associations and its owners. He also represents clients in the areas of debt collection, lien rights, transactional business, secured transactions, drafting binding agreements and resolutions, casualty and insurance disputes, arbitrations, mediations, bankruptcy, business and personal torts, personal injury, family law, sports and entertainment agency, small and large business rights, high-profile property representations, and numerous real property covenant enforcement matters.

As General Counsel for both commercial and residential community associations, as well as construction law, Mr. Kiernan:

• Drafts major construction contracts along with the numerous exhibits, amendments, addendums, and the protections related thereto
• Dispenses legal and practical advice regarding day to day disputes between community associations, owners, developers, contractors, design professionals and/or governmental entities
• Prepares arbitration documents, contracts, addendums and modifications and assists in contractual negotiation and contractual dispute resolution for arbitrations and mediations; and
• Gives legal advice regarding requirements of the governing documents and the laws regarding elections, financial operations, insurance, assessment collection and maintenance, repair and replacement when it comes to community associations.