Overview
With over 25 years of experience, Kristan Burch is a state court and federal court litigator who handles disputes for public and private projects in the construction industries. She also advises clients on trademark and copyright infringement claims and franchise disputes, and she handles general commercial disputes.
Kristan manages the construction process from contract drafting and negotiation to project management to resolution of disputes. She assists clients with issues related to faulty workmanship and design claims, payment disputes, delay claims, mechanic’s liens, and bond claims. Kristan represents owners, developers, contractors, subcontractors, suppliers, and sureties in state and federal courts, as well as mediations and arbitrations. She also appears before the Virginia Department of Professional & Occupational Regulation to address licensing complaints filed against contractors.
Kristan handles commercial disputes in state and federal court involving trademark and copyright infringement claims, as well as opposition and cancellation proceedings before the Trademark Trial and Appeal Board. She also represents franchisors in franchise disputes.
As Chair of the Government Contracts & Construction practice group, Kristan frequently writes articles and speaks at seminars on construction-related topics.
She regularly drafts and negotiates construction contracts for firm clients, representing owners, general contractors, subcontractors, and suppliers. When construction disputes arise, Kristan files claims and defends against them in state and federal courts. She handles motions, takes and defends depositions, retains expert witnesses and collaborates with them to prepare expert disclosures and reports. Kristan also represents clients at bench trials and jury trials. For construction contracts that require arbitration, she files demands for arbitration, defends against demands for arbitration, and manages arbitration before one- and three-member arbitration panels. Throughout her litigation and arbitration matters, she remains closely involved in document review and production, routinely working with ESI vendors to ensure discovery obligations are met.
She is frequently complimented by clients for her thorough preparation for depositions, hearings, trials, and arbitrations.
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Representative Matters
Construction
Drafted and negotiated construction and design contracts for owners, general contractors, subcontractors, and suppliers on public and private projects
Represented subcontractor in two-week arbitration with contractor on federal project to recover for unpaid pay applications, change orders, and a delay claim
Represented developer of apartment complex in litigation with architect regarding design defects and failure to supervise work
Represented concrete subcontractor in state court litigation with concrete supplier on federal project for construction of VA facility
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 landowner, including weeklong trial in state court
Represented continuing care retirement community in state court litigation against the architect and in 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
Honors & Recognitions
America’s Leading Business Lawyers; Chambers USA, 2025
Go To Lawyer for Business Litigation; Virginia Lawyers Weekly, 2025
Best Lawyers in America, 2015-2026
Lawyer of the Year; Best Lawyers in America, 2023, 2026
Virginia Super Lawyers; Law & Politics, 2013-2025
Virginia’s Legal Elite; Virginia Business Magazine, 2004-2025
Top Lawyers; CoVaBIZ, 2017-2021, 2023-2026
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
Press & Publications
News
Community & Professional
Associations
Virginia State Bar Council, 4th Judicial District
Norfolk Forum, Board Member
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, Past Vestry Member and Senior Warden
Credentials
Education
University of Virginia; B.A., 1995
William & Mary Law School; J.D., 1998
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
Beyond the Law
Kristan is an avid landscape photographer whose home is filled with her photographs. She is also a devoted UVA sports fan who enthusiastically follows the Cavaliers from football and basketball to baseball.
