Clark S. Girges

Clark Girges is an experienced litigator and transactional attorney whose practice focuses on construction, public-private partnerships (P3) and infrastructure, and real estate. He represents developers, including P3 developers, general contractors, subcontractors, design professionals, and governmental entities in litigation, arbitration, and transactional matters. His experience includes litigating complex construction disputes both within and outside the P3 context, as well as negotiating and drafting core project documents, including prime construction contracts, subcontracts, consulting agreements, and commercial leases and condominium governing documents. Clark also provides legal counsel and representation to sureties in connection with bonds issued for construction projects.

Clark has played a pivotal role in high-profile construction disputes involving P3 project claims and disputes, including supervening and compensation event claims, defect claims, delay and cost overrun issues, lien enforcement, and settlement negotiations. His work has directly impacted public projects, luxury high-rise condominiums, and mixed-use developments throughout the continental United States. 

Beyond construction, P3 development, and real estate, Clark counsels major corporations and business entities on a wide range of legal issues, including business disputes involving contractual breaches and the recovery of outstanding debts, including matters within the aviation sector. In the aviation arena, Clark advises insurers and reinsurers on coverage disputes and extra contractual exposures, including high-stakes claims exceeding $100 million. He has also played a key role in aviation litigation involving global regulatory challenges, including matters arising from the 2022 Russia–Ukraine conflict.
 

• Defeat an approximate $7 million claim for prejudgment interest in a P3 dispute affecting the construction of a social infrastructure project (underlying dispute currently on appeal).
• Dismiss with prejudice a section 713.23 payment bond claim by demonstrating the plaintiff's failure to comply with conditions precedent under the statute and the terms of the bond, along with its inability to perfect the payment bond claim, rendering amendment futile.
• First chair a bench trial in the U.S. District Court for the Southern District of Florida in a Section 1983 lawsuit affecting an inmate's religious rights under the Religious Land Use and Institutionalized Persons Act (currently awaiting a ruling).
• Defeat summary judgment on behalf of a national general contractor by arguing that the material supplier plaintiff, which furnished specially fabricated materials, tailed to perfect its lien rights by not complying with notice to owner/notice contractor requirements, as its claim of lien was predicated on incorrect furnishing dates that ran from delivery rather than actual fabrication.
• Defeat summary judgment in a commercial business dispute by arguing that the plaintiff committed a prior material breach, thereby excusing any further performance by our client.
• Assist in vacating an automatic appellate stay under Florida Rule of Appellate Procedure 9.310(b) (2) by arguing that the public body's request for an automatic stay would cause irreparable harm to the P3 developer. The lower tribunal's ruling was affirmed on appeal.
• Obtain final judgment on the merits on behalf of a surety by arguing that the individual indemnitor's obligations under the surety bond had been triggered, resulting in a final judgment awarding the surety reimbursement of the paid claim, along with attorneys’ fees and costs.
• Negotiate a complex construction defect and nonpayment settlement on behalf of a general contractor, discharging the owner's liquidated damages claim and recovering from the insurer the majority of our client's expended attorneys’ fees and costs by arguing that the insurer's defense and indemnity obligations had been triggered.
• Successfully reduce awarded damages in reconsideration efforts on a P3 project by submitting substantial evidence that the claimant's damages were overstated (underlying action is currently on appeal).
• Secured summary judgment for a roadway contractor in a construction defect dispute, finding the contractor was not responsible for any defective conditions on the public project and therefore not liable.
• Secured summary judgment for an insurer in an aviation coverage dispute involving damages exceeding $1.2 million, ruling there was no duty to defend or indemnify. The court determined that the underlying lawsuit did not trigger additional insured coverage, as the allegations were not related to the acts or omissions of the named insured, either in whole or in part.
• Represented an international property restoration company seeking payment in a dispute involving a luxury high-rise condominium, securing a settlement in excess of $700,000.
• Secured a settlement of $350,000 when representing an international property restoration company seeking payment in a dispute involving a commercial shopping center.
• Obtained a default final judgment exceeding $250,000 on behalf of a contractor and initiated debt collection through asset searches and writs of garnishment.
• Obtained summary judgment on behalf of a corporation in a $1.5 million dispute over boat slip dimensions in a condominium development, defeating claims for trespass, nuisance, and property recovery by establishing a covenant running with the land. Secured recovery of fees and costs due to a lapsed proposal for settlement.

• Florida Rising Stars, Super Lawyers Magazine (2025)

• The Florida Bar
  • Construction Law Committee
    • Co-Vice Chair, Newsletter Subcommittee