Jay Kern

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Direct: (504) 569-2923
Fax: (504) 569-2999
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Mr. Kern received his undergraduate degree from Washington and Lee University in 1973, and his Juris Doctor degree from Tulane Law School in 1976. Prior to entering private practice in 1979, Mr. Kern was a Staff Attorney, and subsequently an Assistant Attorney General with the Louisiana Department of Justice, where he served primarily in the Construction Litigation Section of the Civil Division, representing the State and other governmental entities as owner on public works construction projects.

Mr. Kern practices primarily in the area of construction industry, including delay and interference claims, surety claims, general contract litigation, and professional liability litigation.

Mr. Kern is a member of the Louisiana State and American Bar Association, the Tort and Insurance Practice, Litigation and Public Contracts Sections of the American Bar Association and serves in the Forum Committee and the Construction Industry. He has served as Vice-Chair of the Fidelity and Surety Committee of the Tort and Insurance Practice Section of the American Bar Association and has also served as Vice-Chair of the Alternative Dispute Resolution Committee. He is a graduate if the National Institute for Trial Advocacy, and serves on the Construction Panel of Arbitrators of the American Arbitration Association. He lectured for the National Bond Claims Association on the topic of Force Majeure, and Engineering News Record Seminal in 1989 and 1992 on the topics of “Proving Claims for Inefficiency” and “Presentation of Proof of Damages” and for the Cambridge Institute in 1992 on construction contracts and claims.

Mr. Kern served as President of the Sugar Bowl in 1993-94, Chairman of its Executive Committee 1995-1996, and served on its Executive Committee until 2004. He is a past Chairman of the New Orleans Downtown Development District and Past Chairman of the New Orleans Area Council of the Chamber of Commerce and active in other civic endeavors.


PRACTICE AREAS:

  • Construction
  • General Contract Litigation
  • Arbitration, Delay and Interference Claims
  • Surety
  • Professional Liability


EDUCATION:

  • Tulane Law School — JD, 1976
  • Washington and Lee University — BA, 1973


BAR ADMISSIONS:

  • All states and federal courts in Louisiana
  • United States Court of Appeal for the Fifth Circuit


PUBLICATIONS AND SPEECHES:

  • "The Impact of a Major Natural Disaster on the Contract Bond Surety", co-author, Surety Claims Institute, June, 2007
  • "Force Manure", Wiping Up After a National Disaster", 2006 National Bond Claims Association Seminar, October 2006
  • "Recent Developments in Construction Law", 2006, LSU School of Law Continuing Legal Education
  • "Notary Bonds", Chapter 19 of The Law of Miscellaneous and Commercial Surety Bonds, American Bar Association, January, 2001
  • "Mechanics' Lien Law and Strategies in Louisiana", National Business Institute (August, 1998)
  • "Through the Maze: A Surety's Primer of Environmental Regulation", Defense Research Institute (May, 1998)
  • "Construction Claims Management Under Louisiana Law", Cambridge Institute (June, 1992)
  • "Presentation of Proof of Damages", Engineering News Record Seminar (April, 1989 and May 1990)
  • "Proving Claims for Inefficiency", Engineering News Record Seminar (April, 1989)


PROFESSIONAL MEMBERSHIPS AND COMMUNITY INVOLVEMENT:

  • Louisiana State Bar
  • American Bar Association
  • The Tort and Insurance Practice
  • Forum Committee on the Construction Industry
  • Graduate of the National Institute for Trial Advocacy
  • Construction Panel of Arbitrators of the American Arbitration Association
  • President of the Sugar Bowl in 1993-94
  • Past Chairman of the New Orleans Downtown Development District
  • Past Chairman of the New Orleans Area Council of the Chamber of Commerce
  • Sugar Bowl
  • Listed in Best Lawyers in America ®
  • Listed in Louisiana Super Lawyers

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