Construction Litigation



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


  • 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


  • 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


  • 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.

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