Kristan B. Burch < Attorney < Kaufman & Canoles

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.

Practices

Industries

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, 2015-2025
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

Kristan B. Burch