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Construction Litigation

Construction Litigation

Overview

Our attorneys litigate most issues 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
 

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

Experience

  • Counsel for national construction contractor in connection with more than $100 million in claims relating to central Florida convention center project. 
  • Counsel for subcontractor defending $85 million claim for failure of phosphate reservoir. 
  • Represent international airport authority on construction and insurance issues for multibillion-dollar airport expansion. 
  • 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 multimillion-dollar road construction project. 
  • Represented government entity on a multimillion-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 multimillion-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 multimillion-dollar high school renovation. 
  • Represented construction company against numerous subcontractors involving numerous related cases arising out of hotel construction for major Orlando theme park. 
  • 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.

Insights

Our Team

Key Contacts

Wm. Cary Wright
Shareholder

Additional Members

Brian T. Allen
Associate
Tampa
Richard J. Anderson II
Associate
Tampa
Nicholas E. Athanas
Associate
Atlanta
Erin E. Banks
Shareholder
Tampa
Jason F. Bullinger
Associate
Orlando
David J. Butzer
Senior Counsel
Washington, D.C.
Dana Chaaban
Associate
Orlando
James S. Czodli
Associate
Miami
Tyler J. Derr
Shareholder
Tampa
Michael P. Donaldson
Shareholder
Tallahassee
Maddison J. Erath
Associate
Tampa
Fiona E. Foley
Associate
Tampa
Kevin A. Foreman
Associate
Washington, D.C.
Jaret J. Fuente
Shareholder
Tampa
M. Derek Harris
Shareholder
West Palm Beach
Kari B. Hebrank
Senior Government Consultant
Tallahassee
Blair C. Hedges
Shareholder
Orlando
Donald E. Hemke
Of Counsel
Tampa
Brett M. Henson
Shareholder
Tampa
Aaron A. Holman
Associate
Orlando
Lannie D. Hough Jr.
Shareholder
Tampa
Lauren K. Ierardi
Associate
Washington, D.C.
Heather M. Jonczak
Shareholder
Miami
Bruce Charles King
Of Counsel
Miami
Leslie P. King
Shareholder
Hartford
Edward Kuchinski
Of Counsel
Tampa
John J. Lamoureux
Of Counsel
Tampa
Robin Leavengood
Of Counsel
Tampa
Dara L. Lindquist
Shareholder
Orlando
Troy A. Mainzer
Associate
Tampa
Ashley B. Mallon
Associate
Tampa
Joseph A. McManus Jr.
Shareholder
Washington, D.C.
George J. Meyer
Of Counsel
Tampa
Alexa M. Nordman
Associate
Tampa
Logan M. Owens
Associate
Atlanta
Christopher M. Paolini
Shareholder
Orlando
Scott P. Pence
Shareholder
Tampa
Jason Perkins
Shareholder
Orlando
Luis Prats
Shareholder
Tampa
Jason J. Quintero
Shareholder
Tampa
Michael G. Rothfeldt
Shareholder
Tampa
Robert L. Shannon
Shareholder
Atlanta
Samuel B. Spinner
Associate
Miami
Paul J. Ullom
Shareholder
Tampa
Charlotte L. Warren
Of Counsel
Orlando
Michael G. Zilber
Associate
Miami
Alana Zorrilla-Gaston
Shareholder
West Palm Beach

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.