Kevin S. Brotspies

Overview

KEVIN S. BROTSPIES practices in the areas of commercial litigation, construction, surety and fidelity litigation, and bankruptcy and creditors' rights.  Kevin also assists clients in transactional and employment matters.

In his commercial practice, Kevin handles matters involving breach of contract, claims for extracontractual damages, fraud, alter ego liability, fraudulent conveyances, and negligence.  Kevin also assists business clients with contract drafting and negotiations, debt restructuring, regulatory matters, commercial transactions, and employment matters.  Kevin’s bankruptcy practice includes the representation of creditors in Chapter 7, Chapter 11, and Chapter 13 bankruptcy cases. 

In his construction, surety, and fidelity practice, Kevin regularly represents sureties, fidelity companies, general contractors, and subcontractors in complex commercial matters involving contract disputes, construction defaults, bid protests, delay and extra work claims, design defects, construction defect claims, lien claims, payment and performance bond claims, statutory and common law bad faith claims, trust fund claims, indemnification, errors and omissions claims, general liability claims, fiduciary liability claims, commercial policy claims, and professional liability claims.  Kevin provides his clients with crisis management guidance and counsel in connection with distressed commercial construction projects, and has extensive experience dealing with public and private owners, contractors and subcontractors, suppliers, sureties and co-sureties, insurers and reinsurers, architects, engineers, consultants, and forensic accountants in an effort to protect, defend, and prosecute the rights and interests of his clients and their partners in what are often complex and time-sensitive circumstances.  Kevin’s surety practice also includes counseling clients on underwriting matters, claim management, and best practices.

As a litigator, Kevin has extensive experience in state and federal courts, at both the trial and appellate levels. 

Kevin is a graduate of the University of Maryland and Rutgers University School of Law – Newark.  Prior to joining the Firm, he served as a Law Clerk to the Hon. Jack L. Lintner, P.J.A.D. (Ret.) in the Superior Court of the State of New Jersey, Appellate Division. 

  • Todd v. Endurance Amer. Ins. Co., 2019 WL 251788 (N.D.N.Y. Jan 17, 2019).
  • Colonial Surety Co. v. Eastland Constr., Inc., 160 A.D.3d 437 (N.Y. App. Div. 1st Dep't 2018).
  • In re Todd, 585 B.R. 297 (Bankr. N.D.N.Y. 2018).
  • Sabco Corp. v. Marquise Construction Corp., 136 A.D.3d 1012 (N.Y. App. Div. 2d Dep’t 2016).
  • Clean Earth of North Jersey, Inc. v. Northcoast Maint. Corp., 2016 WL 5107996 (N.Y. App. Div. 2nd Dep’t Sept. 21, 2016).
  • Colonial Surety Co. v. Lakeview Advisors, LLC, 2015 WL 493750 (N.Y. App. Div. 4th Dep’t Feb. 6, 2015).
  • Colonial Surety Co. v. GMT Contracting Corp., 2014 WL 2479967 (N.J. App. Div. June 4, 2014).

Overview

KEVIN S. BROTSPIES practices in the areas of commercial litigation, construction, surety and fidelity litigation, and bankruptcy and creditors' rights.  Kevin also assists clients in transactional and employment matters.

In his commercial practice, Kevin handles matters involving breach of contract, claims for extracontractual damages, fraud, alter ego liability, fraudulent conveyances, and negligence.  Kevin also assists business clients with contract drafting and negotiations, debt restructuring, regulatory matters, commercial transactions, and employment matters.  Kevin’s bankruptcy practice includes the representation of creditors in Chapter 7, Chapter 11, and Chapter 13 bankruptcy cases. 

In his construction, surety, and fidelity practice, Kevin regularly represents sureties, fidelity companies, general contractors, and subcontractors in complex commercial matters involving contract disputes, construction defaults, bid protests, delay and extra work claims, design defects, construction defect claims, lien claims, payment and performance bond claims, statutory and common law bad faith claims, trust fund claims, indemnification, errors and omissions claims, general liability claims, fiduciary liability claims, commercial policy claims, and professional liability claims.  Kevin provides his clients with crisis management guidance and counsel in connection with distressed commercial construction projects, and has extensive experience dealing with public and private owners, contractors and subcontractors, suppliers, sureties and co-sureties, insurers and reinsurers, architects, engineers, consultants, and forensic accountants in an effort to protect, defend, and prosecute the rights and interests of his clients and their partners in what are often complex and time-sensitive circumstances.  Kevin’s surety practice also includes counseling clients on underwriting matters, claim management, and best practices.

As a litigator, Kevin has extensive experience in state and federal courts, at both the trial and appellate levels. 

Kevin is a graduate of the University of Maryland and Rutgers University School of Law – Newark.  Prior to joining the Firm, he served as a Law Clerk to the Hon. Jack L. Lintner, P.J.A.D. (Ret.) in the Superior Court of the State of New Jersey, Appellate Division. 

  • Todd v. Endurance Amer. Ins. Co., 2019 WL 251788 (N.D.N.Y. Jan 17, 2019).
  • Colonial Surety Co. v. Eastland Constr., Inc., 160 A.D.3d 437 (N.Y. App. Div. 1st Dep't 2018).
  • In re Todd, 585 B.R. 297 (Bankr. N.D.N.Y. 2018).
  • Sabco Corp. v. Marquise Construction Corp., 136 A.D.3d 1012 (N.Y. App. Div. 2d Dep’t 2016).
  • Clean Earth of North Jersey, Inc. v. Northcoast Maint. Corp., 2016 WL 5107996 (N.Y. App. Div. 2nd Dep’t Sept. 21, 2016).
  • Colonial Surety Co. v. Lakeview Advisors, LLC, 2015 WL 493750 (N.Y. App. Div. 4th Dep’t Feb. 6, 2015).
  • Colonial Surety Co. v. GMT Contracting Corp., 2014 WL 2479967 (N.J. App. Div. June 4, 2014).

Education

Rutgers U. School of Law - Newark (J.D. 2007)
University of Maryland, College Park (B.A. 2004)

Admissions

State of Maryland
State of New Jersey
U.S. District Court, District of New Jersey
U.S. Court of Appeals, 3rd Circuit
U.S. District Court, EDNY
U.S. District Court, SDNY
U.S. District Court, District of Maryland
U.S. District Court, NDNY
State of New York
U.S. Court of Appeals, 2nd Circuit