Scott’s practice focuses on complex commercial and business litigation, with a strong passion for handling litigation matters 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. He is also especially knowledgeable about community association law, representing the corporate and litigation affairs of hundreds of community associations throughout Central and North Florida.
Mr. Kiernan has experience litigating in state and federal courts throughout Florida and has a proven track record of obtaining favorable results. 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, estate planning, 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 governing documents and amendments thereto
- Dispenses legal and practical advice regarding day to day disputes between community associations, owners, developers and governmental entities
- Prepares contracts, addendums and modifications and assists in contractual negotiation and contractual dispute resolution; 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.
- Represented a real estate developer in a breach of contract dispute to terminate a multi-million dollar condominium association
- Represented numerous condominium associations in prosecuting millions of dollars in patent and latent building defects and building warranty claims
- Represented several entities in the enforcement and defense of restrictive property covenants and real property contractual obligations
- Represented construction entities in the enforcement and protection of lien rights stemming from complex construction disputes
- Represented a member of the New York Yankees over a contract dispute
- Represented numerous community associations in the collection of money from various individual developers and developer entities
- Best Lawyers in America©, Construction Law and Litigation, 2022 – present
PROFESSIONAL / COMMUNITY ACTIVITIES
- Board Member, Downtown Orlando Rotary Breakfast Club
- Mr. Kiernan has been a featured speaker at the Florida Institute of Certified Public Accountants, where he lectured on issues related to the financial obligations of a developer in community association turnovers. Mr. Kiernan has also been a guest lecturer at Mountain State University speaking on individual liability of directors in corporations. Mr. Kiernan is also a regular speaker at Firm meetings, seminars, regional community association events and community association trade groups and institutes.