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
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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.
