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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 multi-billion-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 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 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

All Insights

Supreme Court of Florida Upholds the <i>Frye</i> Standard

Supreme Court of Florida Upholds the Frye Standard

November 13, 2018

On October 15, 2018, in the matter of Richard Delisle vs. Crane Co., et al. , the Supreme Court of Florida unequivocally reaffirmed that Frye remains the standard for the admission of expert testimony. This reaffirmation comes after the Florida Legislature amended section 90.702 to incorporate the Daubert standard into the Florida Rules of Evidence in 2013.

Fourth DCA Rules Chapter 558 Notice of Defect Can Constitute Commencement of Action Giving Plaintiffs More Time to File Suit

Fourth DCA Rules Chapter 558 Notice of Defect Can Constitute Commencement of Action Giving Plaintiffs More Time to File Suit

September 19, 2018

On September 12, the Fourth District Court of Appeals ruled that a Chapter 558 notice of defect can be considered the “commencement” of a construction defect action.

Notice of a Claim Pursuant to Florida’s Pre-Suit Notice of Construction Defect Statute, Chapter 558, May Trigger an Insurer’s Duty to Defend

Notice of a Claim Pursuant to Florida’s Pre-Suit Notice of Construction Defect Statute, Chapter 558, May Trigger an Insurer’s Duty to Defend

April 9, 2018

Commercial general liability (CGL) insurance policies are necessary for construction projects of all types. Contractors and insurers often have different views on what exactly triggers an insurer’s duty to defend.

Tariff on Imported Steel Will Mean Increased Construction Costs

Tariff on Imported Steel Will Mean Increased Construction Costs

March 20, 2018

Tips for protecting against the impacts of tariffs on steel and aluminum imports

Florida Supreme Court Answers Certified Question in Altman v. Crum

Florida Supreme Court Answers Certified Question in Altman v. Crum

March 1, 2018

Is the notice-and-repair process set forth in Chapter 558, Florida Statutes, a “suit” within the meaning of the CGL policies issued by Crum & Forster to Altman Contractors?

Trial Checklist

Trial Checklist

December 15, 2016

This chart provides a quick reference regarding motions and objections that may be made immediately prior to, during, and immediately after trial to preserve issues for appellate review.

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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.