Overview
Brett Henson advises members of the construction industry on all aspects of construction law throughout the project life cycle, from contract drafting and negotiation, claims consultation and preparation, to litigation and dispute resolution. As part of his transactional practice, he is experienced in working with developers and public owners in the preparation of design and construction agreements, and also assists contractors, subcontractors, and design professionals in drafting and revising construction contracts, subcontracts, and professional services agreements.
Brett also handles all types of construction disputes, including claims related to breach of contract, delay damages, workmanship and design defects, payment and performance bonds, Florida’s construction lien law, and recovery of insurance proceeds.
As a former prosecutor and civil trial lawyer, Brett gained extensive litigation and trial experience in various state and federal courts representing individuals, businesses, and insurance companies. He works to develop a litigation strategy early in a case to control costs and reach an early resolution, if possible.
Brett is board certified in construction law by the Florida Bar.
Experience
Utilized dispositive motion based on Florida’s economic loss rule on behalf of building products manufacturer to negotiate favorable settlement for small percentage of ultimate jury verdict award, on the eve of trial.
Obtained multimillion-dollar settlement on behalf of public owner of Class A office for design, construction, and manufacturing deficiencies associated with failure of roofing and curtainwall system against design-builder, and associated claims by building tenant.
Obtained multimillion-dollar settlement on behalf of public owner of a jail facility for design and construction deficiencies associated with mechanical, electrical, and plumbing deficiencies.
Secured six-figure settlement for city associated with design and construction deficiencies associated with foundation settlement at fire station.
Obtained favorable settlement for residential developer in dispute with site work contractor over claims for liquidated damages, extras, and alleged productivity loss.
Obtained final summary judgment in favor of a design professional on alleged standard of care violation claim.
Represented minority unit owner in first contested and reported equitable condominium termination lawsuit in the state of Florida.
Successfully negotiated pre-certification settlement on statewide putative class action lawsuit on behalf of building products supplier.
Obtained complete defense verdict as trial counsel for building products manufacturer in which the plaintiff sought damages of more than $1 million.
Assisted developer and general contractor of large, multifamily residential development in resolving pre-suit section 558 demand more than $140 million for claims related to roof and building envelope failures.
Represented developer in copyright infringement action brought by architectural services firm for alleged misappropriation of architectural plans, resulting in favorable settlement at mediation.
Defended subcontractor against claims related to breach of lease, quiet enjoyment, and injunctive relief during build-out and remodel of commercial retail space, resulting in successful settlement at mediation.
Obtained a complete defense verdict on behalf of specialty subcontractor during a two-month construction defect trial in which the plaintiffs sought damages of more than $16 million.
Represented a diverse range of construction industry professionals in construction defect claims involving single family, multifamily, and commercial properties.
News & Insights
News
Publications
Speaking Engagements
"Buyer Beware: Best Practices for Construction Procurement and Project Management," Florida Airports Council, 57th Annual Conference and Exposition (July 28, 2026)
"A Primer on Legislative Advocacy," The Florida Bar Real Property, Probate, and Trust Law Section, Construction Law Committee, In-House Counsel Subcommittee (May 26, 2026)
"From Defects to Dollars: Measuring Damages in Construction Defect Cases," Surety Bonding and Construction Risk Management Conference, Associated General Contractors of America, Charlotte Harbor, FL (January 28, 2026)
"Prompt Processing of Change Orders (and Other Legislative Potpourri From 2025)," The Florida Bar Real Property, Probate, and Trust Law Section Construction Law Committee (October 13, 2025)
"Public Construction and Permitting: The Ruthless Elimination of (Potential) Contract Disputes, Local Preference, and Building Department Delays," 45th Annual Legislative and Case Law Update, The Florida Bar Real Property, Probate, and Trust Law Section, Palm Beach, FL (August 22, 2025)
"Mock Deposition: A Defense of the Safe System Approach and Design Exceptions," ITE International and Florida Puerto Rico District Annual Meeting and Exhibition, Orlando, FL (August 12, 2025)
"Costs Matter: Improving Project Profitability by Accurately Evaluating Delay and Inefficiency Claims," American Bar Association Forum on Construction Law Midwinter Meeting, Tampa, FL (January 15–17, 2025)
"Construction Law Legislative Update," The Florida Bar Real Property, Probate, and Trust Law Section Construction Law Committee (August 14, 2023)
"Contract Administration Lunch and Learn," Associated Builders and Contractors, Florida Gulf Coast Chapter (April 10, 2023)
"Navigating the Wild of Daubert for Construction Litigators," St. Petersburg Bar Association (May 26, 2022)
"Keeping the Logs Moving: Effective Case Management and Pretrial Motion Practice for Construction Litigators," 16th Annual Construction Law Institute, The Florida Bar Real Property, Probate, and Trust Law Section, Orlando, FL (March 11, 2022)
"Florida's Federal Summary Judgment Standard and Amended Rule of Civil Procedure," Sarasota County Bar Association Civil Trial Section (September 9, 2021)
"COVID-19 Considerations for Real Property and Construction Disputes," The Florida Bar Real Property, Probate, and Trust Law Section (October 14, 2020)
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Recognition
Honors & Recognitions
Rising Star Award, The Florida Bar Real Property, Probate, and Trust Law Section (2026)
Rising Star Award, The Florida Bar Real Property, Probate, and Trust Law Section Construction Law Committee (2024)
James A. Dixon Young Lawyer Award, Florida Defense Lawyers Association (2016)
No aspect of this advertisement has been approved by the highest court of any state. See Awards Methodology.
Professional & Community Involvement
Professional & Community Involvement
Brett chairs the Florida Bar's Construction Law Certification Committee, which oversees the peer-review process for certification applicants and drafts and grades Florida's annual construction law board certification exam. Brett also serves as a co-vice chair of the Construction Law Committee of the Florida Bar's Real Property, Probate, and Trust Law Section, the largest voluntary bar association of construction lawyers in Florida. He is a member of the American Bar Association's Forum on Construction Law, where he serves on the steering committee of Division 1 (Litigation and Dispute Resolution) and co-chairs the Construction Insurance regional program.
In the construction industry, Brett serves on the board of directors of the Florida Gulf Coast chapter of Associated Builders and Contractors and on the Construction Industry Advisory Board of Florida Gulf Coast University's Stock Development Department of Construction Management. Through Associated Builders and Contractors, he served on the Surfside Industry Task Force and completed the NEXGEN Leadership Program.
Related Capabilities
Bar Admissions
Court Admissions
Certifications
Construction Law
Education
J.D., Stetson University College of Law
B.A., Stetson University
