Construction Litigation

Our attorneys have litigated almost every issue confronting the construction industry. We have significant experience handling the following types of litigation for: 

Developers and Owners (public and private) 

  • Defective construction and design claims 
  • Time related damage claims including delay, acceleration, and lost productivity 
  • Change order/equitable adjustment claims 
  • Buyer rescission claims 
  • Construction claims of lien 
  • Payment disputes 
  • Liquidated damages 
  • Contractor terminations and suspensions of work 
  • Differing site condition claims 
  • Environmental issues 
  • Contract document negotiation and preparations

General Contractors, Subcontractors, and Suppliers 

  • Suspensions of work and termination 
  • Pay-when-paid clause disputes 
  • Warranty claims 
  • Contract document negotiation and preparations 
  • Defective construction and design claims 
  • Time related damage claims including delay, acceleration, and lost productivity 
  • Change order/equitable adjustment claims 
  • Construction claims of lien 
  • Payment disputes 
  • Liquidated damages claims 
  • Differing site condition claims 
  • Environmental issues

Homebuilders 

  • Class actions 
  • Defective construction and design claims 
  • Land use disputes 
  • Transactions including purchase and sale agreements 
  • Regulatory disputes with state and local government 
  • Licensing issues

Condominium Associations 

  • Defective construction and design claims 
  • Disputes with developers 
  • Land use issues 
  • Warranty claims

Sureties 

  • Payment bond claims 
  • Performance bond claims 
  • Takeover and completion of bonded projects 
  • Indemnity claims 
  • Subrogation claims 
  • Delay claims 
  • Warranty claims

Mold Management and Litigation

  • Mold contamination and infestation, including construction defect, products, and "sick building" cases
  • Class actions
  • Contractual disputes

Representative Litigation Matters 

  • Assessed and remediated large multi-story hotel that was contaminated by mold and contained building materials made of asbestos 
  • Assessed and remediated series of small hotel buildings that were contaminated by mold and contained building materials made of asbestos 
  • Construction defect cases concerning moisture intrusion and mold infestation 
  • Represented public and private owners of commercial locations defending mold-related property damage claims 
  • Handled insurance coverage issues regarding property damage caused by mold infestation 
  • Handled matter regarding employee OSHA complaints about workplace mold contamination 
  • Defended against ADA claims arising from workers’ mold infestation complaints 
  • Defended product suits in "sick building" cases where plaintiffs were exposed to mold and industrial chemicals
  • Counsel for national construction contractor in connection with more than $100 million in claims relating to Central Florida convention center project 
  • Counsel for homebuilder in class action relating to $200 million in hurricane claims involving more than 8,000 homeowners 
  • Counsel for homebuilder in class action, involving site-related claims by 118 homeowners seeking more than $10 million in damages 
  • Represented contractors and homebuilders in connection with Chinese drywall claims exceeding $300 million 
  • Represented contractor in connection with $120 million in claims arising from luxury hotel construction 
  • Represented contractor in connection with claims relating to a $200 million-plus resort in Dade County, Florida 
  • Defended lead designer of space shuttle launching facility at Cape Canaveral 
  • Represented lead designer of $70 million highway expansion project in Central Florida 
  • Defended class action alleging underground storage tanks leaked due to construction defects; Class certification denied 
  • Represented government entity on a $75-million claim arising from termination of a contractor on a waste water treatment plant; Matter involved untimely performance of defective work/delay, latent defects, bid irregularities, design defects, 255 bonds, interpretation of bid documents, plans and specifications, and errors and omissions Represented government entity on a delay and construction defects claim against a paving contractor on a multi-million dollar road construction project 
  • Represented government entity on a multi-million dollar claim against a general contractor for defective construction and delays arising from the construction of a water treatment plant
  • Represented regional airport authority on multiple matters, including advice during construction and representation in litigation 
  • Represented county on multi-million dollar claim against design professional for defective design and contract administration arising from the construction of a water treatment plant
  • Represented county school district on a delay and defective construction claim against a general contractor arising from the multi-million dollar renovation of a high school. 
  • Represented construction company against numerous subcontractors involving numerous related cases arising out of construction of a hotel for major theme park in Orlando 
  • Represented construction company suing for wrongful termination of a subcontract on a construction project for a public university 
  • Defended two separate lawsuits by a general contractor against subcontractor payment and performance bond sureties for defective construction, latent defects, and delay damages arising out of a luxury condominium 
  • Defended a suit against a subcontractor's performance bond for latent water damage in a condominium project 
  • Defended an architect against allegations of negligent design and project administration involving a commercial office and warehouse 
  • Defended numerous payment and performance bond claims by community schools involving school construction 
  • Defended general contractor's performance bond surety for mold and water damage to a county sheriff’s building 
  • Represented bleacher designer, manufacturer and installer in dispute where claims exceeded $14 million and involved a 75,000-seat super motor speedway; Action also involved suing engineer and foundation designer for design defects 
  • Represented general contractor for breach of contract and delay damages, involving a claim that exceeded $2 million 
  • Represented national heavy highway contractor against an engineering firm regarding supply of inaccurate soil data 
  • Represented site contractor against developer for delay damages 
  • Represented subcontractor against delay claim alleged by major theme park and general contractor 
  • Represented county on multiple construction matters arising from defective construction, design, or delay 
  • Represented numerous condominium associations on claims against developers, contractors, and designers arising from defective construction

Additionally, we handle litigation related to mold contamination and infestation, including construction defect, products, and "sick building" cases; class actions; and contractual disputes.

We also represent insurers and their insureds in the defense of construction risk claims, and, on their behalf, have addressed issues related to: 

  • Contractual indemnity (general and subcontractor) 
  • Workers compensation immunity/statutory employer issues 
  • CGL insurance coverage 
  • Government contractor defense 
  • OSHA issues 
  • Accidents, including those related to scaffolding and trenches 
  • Wrongful death 
  • Amputation 
  • Brain injury 
  • Concrete pumping 
  • Pile driving (property damage) 
  • Personal and emotional injury related to mold claims 
  • Personal injury relating to defective construction of window 
  • Bodily injury due to violations of safety regulations 
  • Negligent use of heavy construction equipment (equipment totaled) 
  • Failure to cooperate in the spoliation of a ladder from which worker fell 
  • Premises liability 
  • Delay claims 
  • Insurance claims and coverage