Kevin K. Malof
Kevin is a Member with Frost Brown Todd LLC and focuses his practice in the areas of general corporate/transactional law, real estate law and construction law both in the private and public sectors, including municipalities, townships and school districts.
In his private sector practice, Kevin acts as outside general counsel to businesses ranging from start-ups to medium sized corporate entities. He frequently represents clients on numerous transactional matters such as contract negotiations, business formation matters, shareholder agreements, buy-sell agreements, real estate purchase and lease agreements, development and construction agreements, licenses, non-compete and supply agreements. He also has substantial experience advising clients in banking and commercial loan matters, having spent 10 years in the banking industry in both retail management and commercial lending.
In his public sector practice, Kevin advises municipalities, townships and schools on a wide range of legal matters which impact the decisions of elected officials and administrators including acquisition and disposal of real estate, constructing of new facilities, transportation agreements, contract negotiations and dispute resolutions and general administrative matters in addition to ever changing reforms and regulations which impact the public sector including the Ohio Construction Reform Act, the Ohio School Facilities Commission, the Ohio Facilities Construction Commission, public/private partnerships and sale-leaseback and lease-leaseback legislation.
Counsel to a local township in connection with a $2.4 million TIF financed roof recovery project.
Counsel to a local township in the development of a $2,000,000 park system (includes installation of boardwalks, walking paths, wetlands and playground equipment).
Counsel to a local township in the $12 million TIF financed relocation and construction of a community library, which includes a café, community meeting room, group study areas, and outdoor reading areas.
Counsel to a local township on a newly-constructed multi-purpose firehouse, which serves as the township’s fire headquarters and training facility.
Counsel to a local school in the development of a $48,000,000 school campus and athletic sports and wellness facility.
Construction counsel on the expansion and renovation of multiple hospital facilities throughout the East Coast.
Construction counsel to a premier developer, owner and manager of high quality commercial real estate who specializes in student housing and mixed-use communities throughout the Midwest.
Advised a major retail chain in the acquisition, development and construction of a $46,000,000 materials preparation plant.
Negotiated a $17,000,000 casino expansion in connection with private equity financing.
Co-counsel in the representation of a major national bank in the acquisition of approximately 90+ in-store branches. The transaction involved, among other things, the review of 90+ occupancy agreements; the verification of occupancy terms; the negotiation with retail operators to approve the acquisition; the rectification of defaults under the occupancy agreements; and the redocumentation of many of the occupancy agreements.
Representation of retailers, financial institutions, developers, tenants and owners on commercial real estate developments.
Representation of national association banks in commercial and real estate loan transactions.
Counsel in the acquisition, zoning, development, financing and construction of a $70,000,000 campus containing a national headquarters, warehouse and manufacturing facility.
Local counsel in a $650,000,000 loan facility for the acquisition of private golf courses.
Highlights & Recognitions
- Ohio Super Lawyers Rising Stars® 2006, 2010
- Clermont 20/20, Inc. LEAD Class of 2010
- Cincinnati Academy of Leadership for Lawyers Class XIII
Memberships & Affiliations
- American Bar Association (ABA Forum on the Construction Industry)
- Allied Construction Industries
- Associated General Contractors of Ohio
- American Bar Association
- Cincinnati Bar Association
- Ohio State Bar Association
- Clermont County Bar Association
- Butler County Bar Association
- Design-Build Institute of America
Recent Blog Posts
Civic & Charitable Organizations
- Miami Township Zoning Board, Chairman, 2004-present
- Clermont County Chamber of Commerce, Governmental Affairs Member, 2010-present
- West Chester Chamber of Commerce, Member, 2009-present
- Boys and Girls Club, Board Member, 2009-present
- Cincinnati Mock Trial Coach/Judge, St. Ursula, 2006-2012
- Miami University National Mock Trial Judge, 2008-present
- West Clermont Education Foundation, President, 2013-present
- Clermont County Workforce Readiness Commission, Team Leader (West Clermont and Loveland Schools) 2013-present
- Cincinnati Fury Select Baseball, Board Member, 2012-present
- St. Thomas More Society of Greater Cincinnati and Northern Kentucky, Red Mass Planning Committee, Board Member (2008-present) and 2013 Red Mass Co-Chair
Non-FBT Publications and Events
Speaker: “Why Design / Build for Ohio Projects"
A joint event presented by DBIA and SMPS, 2012
Speaker: “Construction Reform & Prevailing Wage: Understanding the New Law"
Ohio Township Association, 2012
Speaker: “Changes in Ohio's Public Bidding and Prevailing Wages”
Ohio Township Association, 2011
Speaker: “Leasing and Rental Agreements: A Contractor's Responsibility”
ACI Regional Trade Association, Cincinnati, Ohio, 2010
Speaker: “Who Should Bear The Risk? Top 10 Things Developers Need To Know About Loan Documentation”
Lorman Education Services, 2009, 2010
Speaker: “Ohio Mechanics Lien Law and Prompt Payment Act”
ACI Regional Trade Association, Cincinnati, Ohio, 2009
Speaker: “Killer Contract Clauses In Construction”
ACI Regional Trade Association, Cincinnati, Ohio, 2008, 2009
Speaker: “Financing Commercial Real Estate”
Lorman Education Services, February 2008
Speaker: “Differences Between The AIA and ConsensusDOCS”
ACI Regional Trade Association, Cincinnati, Ohio, 2008
Speaker: “How To Get Paid: A Contractor's Toolbox”
ACI Regional Trade Association, Cincinnati, Ohio, 2007, 2008
Speaker: “A Lender's Guide to Revised Article 9”
Lorman Education Services, April 2007
Speaker: “Best Practices for Design-Build Contracting and Subcontracting”
ABC National Trade Association, Nashville, 2006
Speaker: “Design-Build Contracting and Subcontracting”
ACI Regional Trade Association, Cincinnati, Ohio, February 2005
Article: “Ohio HB 153: Ohio's Construction Reform Act”
FBT Client Advisory, 2011, ACI Region Trade Association Newsletter, 2011
Article: “AIA Releases New Documents For 2007: Are They Balanced And Fair?”
FBT Client Advisory, 2008
Article: “Protecting An Owner's Interest With Design-Build Projects”
FBT Client Advisory, 2007
Article: Co-Author, “Risk Management - Deal Killer or Opportunity Enhancer?”
Goering Center Newsletter, August 2014