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    Kristan B. Burch

    Member • Chair of Government Contracts & Construction
    Office: Norfolk
    Admissions: Virginia

    Biography

    Kristan is a member of the firm’s Litigation Section and Chair of the Government Contracts & Construction Team. Her practice focuses on commercial disputes in the construction industries and government contracting. She handles the construction process from contract drafting and negotiation to project management to resolution of disputes. She assists clients with faulty workmanship and design claims, payment disputes, delay claims, mechanic’s liens, bond claims, and government contract disputes. Kristan appears in state and federal courts, in mediations, and in arbitrations, representing owners, developers, contractors, subcontractors, suppliers, and sureties. She also handles commercial disputes in state and federal court along with trademark and copyright infringement actions, opposition and cancellation proceedings before the Trademark Trial and Appeal Board, and franchise disputes. Kristan frequently writes articles and speaks on construction topics.

    Representative Matters

    Construction

    • Drafted and negotiated construction and design contracts for owners, general contractors, subcontractors, and suppliers
    • Represented developer of apartment complex in litigation with architect regarding design defects and failure to supervise work
    • Represented municipality in disputes with contractor and architect regarding construction of new courthouse
    • Represented general contractor in disputes with owner, subcontractors, and insurers in state court and federal court on construction of a seminary
    • Represented contractors and sureties in Miller Act claims in federal court
    • Represented developer of bridge in disputes during and after construction of the bridge with neighboring land owner, including weeklong trial in state court
    • Represented continuing care retirement community in state court litigation against the architect and arbitration against the general contractor related to design and construction defects
    • Represented precast concrete subcontractor in dispute with prime contractor on state bridge project, handling claims submitted to arbitration
    • Represented design-builder in connection with construction of tunnel, advising on disputes and claims that arose during construction
    • Represented general contractor in federal court litigation regarding defective construction and warranty claims by owner for concrete slabs

    Intellectual Property and Franchising

    • Represented franchisor in multiple federal court actions to enforce terms of franchise agreements and obtain injunctive relief
    • Represented parties in trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board
    • Represented businesses in copyright and trademark disputes, including cease and desist letters, concurrent use agreements, issues related to websites and online advertising, and Lanham Act claims
    • Served as local counsel in infringement actions in the United States District Court for the Eastern District of Virginia, Norfolk and Newport News Divisions

    Recognition & Honors

    • Best Lawyers in America, 2015-2024
    • Lawyer of the Year; Best Lawyers in America, 2023
    • Virginia Super Lawyers; Law & Politics, 2013-2024
    • Virginia’s Legal Elite; Virginia Business Magazine, 2004-2023
    • Top Lawyers; CoVaBIZ, 2017-2021, 2023-2024
    • Women in Business Achievement Award; Inside Business, 2018
    • Virginia Rising Stars; Law & Politics, 2007-2013
    • Top 40 Under 40; Inside Business, 2007
    • Lead Hampton Roads, 2006
    • Law Clerk to The Honorable James E. Bradberry; Magistrate Judge, United States District Court for the Eastern District of Virginia, Norfolk Division

    Associations

    • Virginia State Bar Construction and Public Contracts Section, Past Chair
    • Virginia State Bar Litigation Section, Past Chair
    • Hampton Roads Chapter of the Federal Bar Association, Past President
    • Virginia State Bar Intellectual Property Law Section, Past Chair
    • Norfolk & Portsmouth Bar Association, Past President
    • Virginia Bar Association Intellectual Property & Information Technology Section, Past Chair
    • Historical Society of U.S. District Court for Eastern District of Virginia, Director
    • Hampton Roads Chamber of Commerce, Past Member of Norfolk Board of Directors
    • Horizons Hampton Roads, Past Member of Board of Directors
    • St. Andrew’s Episcopal Church, Vestry and Past Senior Warden

    Court Admissions

    • Virginia State Courts
    • U.S. District Court for the Eastern District of Virginia
    • U.S. District Court for the Western District of Virginia 
    • U.S. Court of Appeals for the Fourth Circuit
    • U.S. Court of Appeals for the Federal Circuit
    • Supreme Court of the United States

    Education

    • University of Virginia; B.A., 1995
    • William & Mary Law School; J.D., 1998

    Press & Publications