Atlanta
Georgia

Atlanta GEORGIA

ABOUT Kirk D. Johnston

Kirk D. Johnston focuses his practice in the areas of construction litigation, risk management and transactional services. He has many years of experience representing owners, general contractors, architects, surety companies, and other entities on a wide range of construction projects, including high rises, highways, bridges, and industrial complexes. A significant portion of Kirk’s practice involves claims avoidance through assisting clients in every phase of the construction process, from the negotiation and drafting of construction contracts, advising on proper risk management, to educating clients through day-to-day review of contracts, issues, and project documents. In addition to advising on front-end project document formation and risk management issues, Kirk further assists clients to achieve early resolution of disputes through effective negotiation and conciliation/mediation during the tenure of the project.

Kirk is a licensed property and casualty insurance adjuster and his experience in the interpretation of insurance policies further aids owners and contractors in catastrophic loss management, litigation and construction-related claims under CGL, professional liability, and builders’ risk policies. Due to Kirk’s construction background, coupled with his experience with property and casualty coverage issues, he frequently defends owners and contractors under special appointment by insurance companies in matters involving defective work, delays, and other catastrophic loss cases. Kirk has argued novel issues of insurance law and successfully litigated 100s of catastrophic construction cases before state and federal courts throughout the Southeast.

Kirk received his Bachelor of Science degree from Brigham Young University in 1996 and received his Juris Doctorate degree from Santa Clara University in 2000. While in law school, Kirk served as an extern for the Honorable Marilyn Morgan in the United States Bankruptcy Court for the Northern District of California, San Jose Division.

Experience

•Department Store near Jackson, Mississippi
•Mid-Rise Student Housing, Raleigh, NC
•High School in Gwinnett County, Georgia

Articles & Publications

Insurance-Indemnity - What’s The Difference?, Common Sense Contract Law (August 29, 2017)
The Interplay of Builders Risk and Commercial General Liability Coverage, Common Sense Contract Law (June 5, 2017)
Georgia: General Condition Costs Are Not Lienable, Common Sense Contract Law (October 5, 2012)
Beware: In Georgia, Your Company May Be Liable for “Remote” Job Site Injuries, Common Sense Contract Law (January 2, 2012)
Mississippi CGL Policies and Defective Workmanship, Common Sense Contract Law (March 2, 2012)

Presentations

•Construction Law Update Conference - Insurance and Risk Management; SCH; February 2013
•Strategies for Reducing Defects and Failures; Law of Construction Defects and Failure Seminar, June 2012
•Construction Law Update Conference - Risk Management in the New Normal; SCH; February 2012
•Insurance Issues In Handling Your Case Start to Finish; Aon Risk Management Seminar (Alabama); November 2011
•Insurance Issues In Handling Your Case Start to Finish; Aon Risk Management Seminar (South Carolina); October 2011
•Insurance Issues In Handling Your Case Start to Finish; Aon Risk Management Seminar (Georgia); May 2011
•Construction Insurance; Annual Construction Law Update Seminar; May 2011
•OCIP and CCIP 101; Insurance in the Construction Industry Seminar; May 2009
•Understanding Your CGL; Annual Insurance Law Institute; September 2008
•Workers Compensation Law & Insurance Issues; Annual Carolinas Construction Law Update Seminar; May 2008
•Florida’s Workers Compensation Law & Insurance Issues; The Associated Builders and Contractors; April 2008
•Construction Law Update Conference - Insurance and Bonds; SCH; February 2008
•Annual Construction Insurance and Bonds; Annual Construction Law Update Seminar; February 2007
•General Considerations in Construction Insurance Law; The Associated General Contractors Of America (Georgia Branch); January 2007
•Contractor License Renewal Course - May 10 & 11, 2018 - Coconut Creek, FL
•Smith Currie’s 48th Annual Update Seminar - March 22-23, 2018 - Atlanta, GA
•FCILB Course for Florida Contractors in Georgia - August 10-11, 2017 - Atlanta, GA
•FCILB Course for Florida Contractors in Alabama - August 3 & 4, 2017 - Birmingham, AL
•Legal Issues Impacting Engineers & Architects - July 27, 2017 - Atlanta, GA
•Webinar - Construction Insurance: Claims of a Different Nature - April 19, 2017
•Avoiding Pitfalls in Indemnity and Additional-Insured Risk Transfer - April 11, 2017 - Atlanta, GA
•Emerging Legal Issues for the CM Industry - March 21, 2017 - Atlanta, GA
•Webinar - Avoiding Pitfalls in Indemnity and Additional Insured Provisions - March 21, 2017
•Smith Currie’s 47th Annual Update Seminar - March 2-3, 2017 - Atlanta, GA
•Webinar - Performance Bonds, Subcontractor Default and CGL - December 13, 2016
•Avoiding Pitfalls in Additional-Insured Provisions in Subcontracts - December 8, 2016 - Atlanta, GA
•FCILB Course for Florida Contractors in Alabama - August 18 & 19, 2016 - Birmingham, AL
•FCILB Course for Florida Contractors in Georgia - August 4-5, 2016 - Atlanta, GA
•Preventing Engineering Liability Claims Seminar - June 10, 2016 - Atlanta, GA
•FCILB Course for Florida Contractors in Alabama - August 20 & 21, 2015 - Birmingham, AL
•FCILB Course for Florida Contractors in Georgia - August 6-7, 2015 - Atlanta, GA
•Construction Contract Workshop - July 28, 2015 - Atlanta, GA
•SCH Annual Construction Law Update Seminar - February 26-27, 2015 - Atlanta, GA
•Construction Project Scheduling, Delays and Acceleration - February 18, 2015 - Atlanta, GA
•Federal Contracting 101 - December 12, 2014 - Atlanta, GA
•May 30, 2014 - Seminar - Construction Law for Public Projects
•May 14, 2014 - Insurance and Construction Risk Management Seminar - Fort Lauderdale, FL
•November 13, 2013 - Insurance and Risk Management Seminar

Clerkship

U.S. Bankruptcy Court, Northern District of California, Judicial Extern, 1999

Other Experience

Licensed Property and Casualty Adjuster, Georgia

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Areas of LAW

  • Commercial Litigation
  • Construction Law
  • Contract Drafting
  • Contract Formation
  • Contract Negotiation
  • Contract Review
  • Litigation
  • Risk Identification and Avoidance
  • Surety Bonds & Insurance

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Finding a Lawyer Should Be Simple


When an accident or any form of injustice is suffered, obtaining an attorney quickly is critical to ensuring a positive outcome for your case – and that’s exactly what we’re here to help you with. USAttorneys.com is your one-stop-shop to find any kind of lawyer you might need to assist you with your legal matters. We’ve got you covered, whether you are seeking an accident attorney following a car crash, medical malpractice attorney after losing a loved one during surgery, or a tax attorney to fight back against the IRS.