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.