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Kevin G. Amadio

Principal


E-Mail: kamadio@kaplaw.com
Phone: 610-941-2533
Fax: 610-684-2013 vCard


Kevin G. Amadio is a principal and member of the firm’s Construction Law Department. For over thirty-five years, Kevin has practiced law almost exclusively in the area of construction contract law and litigation, representing owners, contractors, sureties, subcontractors, and suppliers. He became thoroughly familiar with the construction process, its means and methods, and its recurrent legal problems, as well as the differing perspectives of the owner, contractor, subcontractor, supplier, and surety, through his daily engagement as counsel to clients as an advisor, drafter, and litigator.

As an advisor, Kevin counsels clients on a variety of construction issues including procurement, contract claims, dispute resolution, professional services, technical insurance, accounting, and scheduling issues.

As a drafter, Kevin has extensive experience in negotiating, reviewing and drafting construction and commercial transactional documents. Among other things, his drafting experience includes an original multi-party integrated project delivery agreement, believed to be the first used for a major construction project in Philadelphia; original complete sets of contract documents, including general conditions, for three different school districts; lump sum, GMP and design-build standard forms for use in a healthcare system’s capital program; original subcontract and purchase order forms; revisions to standard forms, such as those prepared by the American Institute of Architects; and agreements of sale, mortgages, and security agreements.

As counsel, Kevin has represented clients throughout his career in litigation in state and federal courts, AAA arbitrations, and court-annexed and private construction mediations involving multi-million dollar claims. Kevin’s experience includes claims by owners and contractors for defective construction, termination damages, and architectural and engineering malpractice by contractors and subcontractors for claims such as contract balances, unpaid change orders and delay claims, by multi-prime contractors on public works projects against owners and architects, and between bond obligees and sureties.

Kevin has a growing practice as a mediator. He has mediated over forty cases involving commercial and construction disputes as a privately retained mediator, as a mediator on the American Arbitration Association’s panel of neutrals, as a judge pro tem for commerce program of the Philadelphia Court of Common Pleas, as a mediator for the United States District Court for the Eastern District of Pennsylvania, and business and personal disputes as a church conciliator. He has mediated cases on multi-million dollar public and private construction projects, covering the full range of construction litigation issues such as failure to pay contract balances and retainage, delay and inefficiency claims, disputed change orders, disputed termination for default, mechanics’ lien enforcement, construction loan disputes, and defective work. His mediation experience includes multi-party cases involving the host of players typically involved in construction disputes including owners, developers, contractors, construction managers, subcontractors, suppliers, insurers, lenders, and sureties. Kevin believes he has a litigator’s philosophy of the proper role of the mediator. The mediator must listen to each party without preconception of the merits, understand each party’s interests and claims, evaluate with each party the strengths and weaknesses of each party’s claims and defenses, and offer analysis of the best, worst, and most likely outcomes at trial, including the litigation costs. The mediator must patiently and diligently move the parties from positional bargaining into meaningful and principled concessions and, ultimately, settlement. The parties must share necessary information prior to the mediation concerning both the merits and damages, and frequently will need preliminary expert reports, in order to make the mediation successful.

As an arbitrator for the American Arbitration Association, Kevin has decided dozens of construction and commercial law disputes involving contract, tort and statutory claims.

Practice Areas

Admissions

  • Supreme Court of Pennsylvania, 1981
  • United States Court of Appeals for the Third Circuit, 1989
  • United States District Court for the Eastern District of Pennsylvania, 1981
  • United States District Court for the Western District of Pennsylvania, 1996

Education

  • Villanova Law School, Villanova, PA, JD, cum laude, 1981,
    • Law Review Associate Editor, Order of the Coif
  • Pennsylvania State University, University Park, PA, B.S., 1978

 

Assistant

Hope K. Miller
Phone: ​610-941-2536
Fax: ​610-684-2121
E-Mail: ​hmiller@kaplaw.com

Publications & News

Get Paid! Recent Amendments to the Pennsylvania Prompt Pay Law Seminar presented for Subcontractors Association of Delaware Valley, 2018

News & Resources