Overview
“My goal is to understand each client’s unique business needs and leverage my legal and industry experience to craft practical, real world solutions, all while providing top-notch client service.”
Kelly’s practice focuses on construction law, commercial and product liability law, with an emphasis on dispute resolution—including mediation, arbitration, jury and bench trials in state and federal court. She routinely represents
- Owners, tenants, contractors, subcontractors and design professionals in the negotiation and drafting of construction contracts.
- Construction professionals with respect to OSHA compliance, investigation and citations—from compliance with applicable standards and preparation and review of safety manuals, to inspection preparedness and citation defense.
- Construction professionals with respect to disputes with licensing and other applicable authorities.
- Construction professionals with respect to claims and disputes arising from delay and inefficiency, defective work, payment disputes, performance and payment bonds, mechanic’s liens, design and construction and other project related matters.
- Business owners with respect to business disputes and business tort claims.
- Manufacturers of industrial and consumer products in the defense of product liability claims.
Kelly is highly involved in the American Bar Association Forum on Construction Law where she serves as a Division Chair and serves on multiple committees. She was awarded a Diversity Fellowship and served as a Diversity Fellow from 2017-2021. She is an active member of the Firm’s Diversity, Equity, and Inclusion Committee where she works to advance initiatives related to education, advancement, recruitment, retention and mentoring.
In August of 2021, Kelly was appointed to the Safety and Health Codes Board by Governor Northam to serve an initial four year term as the Board’s Construction Industry Employer Representative. The Board is responsible for administering the Commonwealth’s state OSHA plan.
Recognition
Chambers USA, Construction, 2022- 2024
Best Lawyers: Ones to Watch® for Construction Law, 2021 - 2024
Virginia Super Lawyers, Construction Litigation, 2024
Virginia Super Lawyers “Rising Star," Construction Litigation, 2018 - 2023
Named to “Legal Elite” (Construction), Virginia Business, 2015 - 2022, 2024
American Bar Association Construction Law Forum, Diversity Fellow, 2017 - 2021
Construction Lawyers Society of America, Associate Fellow
Experience
Experience
- Successfully represented owner of commercial development in arbitration adverse to general contractor related, defeating general contractor’s claims that it was owed remaining retainage and obtaining a 1.34MM award in favor of the owner for defective work.
- Successfully represented publicly-traded manufacturer in a product defect case in Chesterfield County, Virginia, prevailing on a motion to strike.
- Represented local non-profit organization in the negotiation and drafting of the design-build agreement with its design-builder for its new $40MM facility.
- Represented Italian-based olive oil manufacturer in the negotiation and execution of design and construction agreements for the construction of its first U.S. production facility.
- Successfully defended contractor against civil investigative demand issued by the Attorney General under the Virginia Fraud Against Taxpayers Act.
- Represented a Design-Builder against a mechanical subcontractor in a dispute arising from four federal government projects in which the mechanical contractor was seeking damages for delays, disruption and inefficiency. After arbitration, the arbitrator denied all relief sought by the mechanical contractor.
- Successfully defended a publicly-traded manufacturer in multi-defendant litigation involving carbon monoxide poisoning of five plaintiffs with claims totaling $100,000,000.00. The issues involved include building code compliance, HVAC design, valve design and manufacturing.
- Represented an equipment rental company in federal court in a dispute arising from a Mutual Nondisclosure Agreement relating to the potential acquisition of another company’s rental business and prevailed on summary judgment.
- Successfully defended real estate developer in multi-million dollar litigation arising from the sale of a commercial property in Virginia.
Perspectives
News
Speaking Engagements
Publications
Blog Posts
Community
Beyond the Law
Beyond the Law
Having lived abroad in Nice and Paris, France, Kelly is an avid and passionate traveler and enjoys experiencing different and new cultures. Kelly has traveled to at least 11 different countries. Her most recent and favorite travel experiences include sunrise horseback riding in Paros, Greece, wine tasting in the Douro Valley, and bio-bay kayaking in Puerto Rico. The list of places she would like to visit is never-ending and she always loves to talk travel. In her spare time, Kelly enjoys cooking, learning other languages, reading, hot yoga, camping, and spending time with her six-year-old Llewellin Setter, Tanguy.
Construction Law Blog
Construction Law Blog
Kelly and her fellow construction-focused colleagues author Hirschler's Construction Law Blog - a resource for design professionals, contractors, and lower-tier contractors and suppliers. Blog readers can expect concise, easy-to-follow posts on pertinent and timely issues covering the construction process from concept to close-out. Never miss a post by subscribing here to receive updates.
Education
University of Richmond School of Law, J.D., cum laude
- Order of the Coif
- Order of Barristers
- Member, University of Richmond Law Review
- Trial Advocacy Board
- Moot Court Board
- International Academy of Trial Lawyers Award
Washington and Lee University, B.A., cum laude
Admissions
- Virginia
- U.S. District Court for the Eastern District of Virginia
- U.S. Bankruptcy Court for the Eastern District of Virginia
- U.S. District Court for the Western District of Virginia
- U.S. Court of Appeals D.C. Circuit
Languages
- French
