MI  248-924-3349
AZ  602-255-6028

BUSINESS, REAL ESTATE, CONSTRUCTION, AND EMPLOYMENT LITIGATION

“I focus on providing my clients with strategic, efficient, and practical solutions to the legal issues facing them. Prior to litigation, I create and help my clients develop and implement agreements and proactive options to minimize risk. When litigation is necessary, I effectively represent my clients following a client-approved roadmap that allows my clients to make informed and objective decisions.”

BIOGRAPHY

Kevin Nelson is an experienced commercial trial attorney who began splitting his time between the firm’s Michigan and Arizona offices in 2019. That change forced Kevin to adapt to a virtual practice prior to the pandemic, which served him and his clients well as the legal industry later made the same change.

Kevin began his career in Flagstaff, Arizona representing business owners of all sizes. In 2007, after gaining considerable experience assisting his clients with residential and commercial construction transactions and litigation throughout Northern Arizona, Kevin joined Tiffany & Bosco, P.A. Kevin was elected as a shareholder of the firm in 2011.

Kevin considers himself part of his client’s problem-solving team and has a great deal of experience helping his clients work through a variety of issues. For example, Kevin represents business owners in lease negotiations and contract disputes (including force majeure claims), represents private real estate investors and private lenders in issues ranging from daily operational concerns to fraud claims, defends corporations and their directors and officers against multi-million dollar claims, represents commercial real estate brokers in commission disputes, prosecutes bad faith and breach of contract insurance claims, defends mortgage lenders and servicers in class action and multi-district litigation (MDL) related to financial services issues including claims under the Fair Debt Collections Practices Act (FDCPA), and represents lenders, servicers, and commercial property owners in quiet title litigation ranging from routine boundary disputes and fraudulent recording claims to complex issues concerning generations of handshake deals and fading memories.

Some of Kevin’s more recent experience includes:

• Obtained a judgment in excess of $1.5 million against a borrower and two personal guarantors after defeating claims of fraud and negligent misrepresentation. The matter went to verdict after a three-day jury trial held in February 2021 (during the pandemic).

• Successfully terminated a contractor from a multi-million-dollar, multi-project development contract without litigation and negotiated a new AIA contract with a new contractor to keep construction on track.

• Successfully represented an employer who lost a business opportunity to an employee in violation of contractual restrictive covenants, resulting in a paid settlement in excess of $250,000 negotiated at mediation.

• Successfully defended a commercial lender and its directors and officers against claims including breach of contract, intentional interference with contractual relations, and fraud seeking damages in excess of $10 million.

• Successfully prosecuted a breach of contract claim against a national insurance company on behalf of a commercial lender.

• Successfully defended a regional lender and servicer against an attempt to certify a class action in federal court multi-district litigation (MDL) related to consumer financial services.

• Successfully defended, through appeal, national lenders and servicers against claims ranging from the alleged fraudulent recording of documents to alleged violations of the Truth in Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), the Fair Credit Reporting Act (FCRA), the Unfair Debt Collection Practices Act (UDCPA), and the Fair Housing Act (FHA).

When Kevin is not working, you will find him attempting to play golf or at, or on the way to, his daughter’s volleyball or his son’s hockey games or tournaments. Kevin and his family are avid travelers (usually associated with youth sports) and have traveled throughout most of North America and parts of Europe.