Brett M. Henson

Brett Henson advises members of the construction industry on all aspects of construction law throughout the project life cycle, from contract drafting and negotiation, claims consultation and preparation, to litigation and dispute resolution.  As part of his transactional practice, he is experienced in working with developers and public owners in the preparation of design and construction agreements, and also assists contractors, subcontractors, and design professionals in drafting and revising construction contracts, subcontracts, and professional services agreements.

Brett also handles all types of construction disputes, including claims related to breach of contract, delay damages, workmanship and design defects, payment and performance bonds, and Florida’s construction lien law, and recovery of insurance proceeds.

As a former prosecutor and civil trial lawyer, Brett gained extensive litigation and trial experience in various state and federal courts representing individuals, businesses, and insurance companies. He works to develop a litigation strategy early in a case to control costs and reach an early resolution, if possible.

Brett is board certified in construction law by the Florida Bar and is chair of the Standing Committee on Construction Law Certification, which is responsible for overseeing the peer-review process for certification applicants, along with drafting and grading Florida’s annual construction law board certification exam. In addition, Brett serves as a vice chair of the Construction Law Committee of the Florida Bar, which is the largest voluntary bar association of construction lawyers in Florida.
 

• Utilized dispositive motion based on Florida’s economic loss rule on behalf of building products manufacturer to negotiate favorable settlement for small percentage of ultimate jury verdict award, on the eve of trial.
• Obtained multimillion-dollar settlement on behalf of public owner of Class A office for design, construction, and manufacturing deficiencies associated with failure of roofing and curtainwall system against design-builder, and associated claims by building tenant.
• Obtained multimillion-dollar settlement on behalf of public owner of a jail facility for design and construction deficiencies associated with mechanical, electrical, and plumbing deficiencies.
• Secured six-figure settlement for city associated with design and construction deficiencies associated with foundation settlement at fire station.
• Obtained favorable settlement for residential developer in dispute with site work contractor over claims for liquidated damages, extras, and alleged productivity loss.
• Obtained final summary judgement in favor design professional on alleged standard of care violation claim.
• Represented minority unit owner in first contested and reported equitable condominium termination lawsuit in the state of Florida.
• Successfully negotiated pre-certification settlement on statewide putative class action lawsuit on behalf of building products supplier.
• Obtained complete defense verdict as trial counsel for building products manufacturer in which the plaintiff sought damages of more than $1 million.
• Assisted developer and general contractor of large, multifamily residential development in resolving pre-suit section 558 demand more than $140 million for claims related to roof and building envelope failures.
• Represented developer in copyright infringement action brought by architectural services firm for alleged misappropriation of architectural plans, resulting in favorable settlement at mediation.
• Defended subcontractor against claims related to breach of lease, quiet enjoyment, and injunctive relief during build-out and remodel of commercial retail space, resulting in successful settlement at mediation.
• Obtained a complete defense verdict on behalf of specialty subcontractor during a two-month construction defect trial in which the plaintiffs sought damages of more than $16 million.
• Represented a diverse range of construction industry professionals in construction defect claims involving single family, multifamily, and commercial properties.

• Rising Star Award, Florida Bar Real Property, Probate, and Trust Law Section (2026)
• Rising Star Award, Construction Law Committee, Florida Bar Real Property, Probate, and Trust Law Section (2024)
• James A. Dixon Young Lawyer of the Year Award, Florida Defense Lawyers Association (2016)

• American Bar Association 
  • Forum on Construction Law
    • Regional Program Co-Chair, Construction Insurance (2026)
    • Steering Committee, D1 – Litigation and Dispute Resolution (2022–present)
• The Florida Bar 
  • Construction Law Certification Committee (2023–present)
    • Chair (2026–2027) 
  • Real Property, Probate, and Trust Law Section
    • Vice Chair, Construction Law Committee (2024–present)
• Associated Builders and Contractors, Florida Gulf Coast Chapter 
  • Board of Directors (2026–present)
  • Surfside Industry Task Force (2021–2022) 
  • NEXGEN Leadership Program, Class of 2021
• Stock Development Department of Construction Management, Florida Gulf Coast University
  • Construction Industry Advisory Board (2023–present)

• “Buyer Beware: Best Practices for Construction Procurement and Project Management,” Florida Airports Council, 57th Annual Conference and Exposition (July 28, 2026)
• “A Primer on Legislative Advocacy," The Florida Bar Real Property, Probate, and Trust Law Section, Construction Law Committee, In-House Counsel Subcommittee (May 26, 2026)
• "From Defects to Dollars: Measuring Damages in Construction Defect Cases," 2026 Surety Bonding and Construction Risk Management Conference, Associated General Contractors of America, Charlotte Harbor, FL (January 28, 2026)
• “Prompt Processing of Change Orders (and Other Legislative Potpourri From 2025),” Florida Bar Real Property, Probate, and Trust Law Section, Construction Law Committee (October 13, 2025)
• "Public Construction and Permitting: The Ruthless Elimination of (Potential) Contract Disputes, Local Preference, and Building Department Delays," 45th Annual Legislative and Case Law Update, Florida Bar Real Property, Probate and Trust Law Section, Palm Beach, FL (August 22, 2025)
• "Mock Deposition: A Defense of the Safe System Approach and Design Exceptions," Institute of Transportation Engineers International and Florida Puerto Rico District Annual Meeting and Exhibition, Orlando, FL (August 12, 2025)
• "Costs Matter: Improving Project Profitability by Accurately Evaluating Delay and Inefficiency Claims," ABA Forum on Construction Law 2025 Midwinter Meeting, Tampa, FL (January 15–17, 2025)
• "Construction Law Legislative Update," Construction Law Committee of the Real Property, Probate, and Trust Law Section of the Florida Bar (August 14, 2023) 
• "Contract Administration Lunch and Learn," Associated Builders and Contractors, Florida Gulf Coast Chapter (April 10, 2023)
• "Navigating the Wild of Daubert for Construction Litigators," St. Petersburg Bar Association (May 26, 2022)
• "Keeping the Logs Moving: Effective Case Management and Pretrial Motion Practice for Construction Litigators," 16th Annual Construction Law Institute, Florida Bar Real Property, Probate, and Trust Law Section, Orlando, FL (March 11, 2022) 
• "Florida's Federal Summary Judgment Standard and Amended Rule of Civil Procedure," Sarasota County Bar Association Civil Trial Section (September 9, 2021)
• "COVID-19 Considerations for Real Property and Construction Disputes," Real Property, Probate, and Trust Law Section of the Florida Bar (October 14, 2020)