Heather M. Jonczak

Heather Jonczak represents owners, developers, contractors, construction managers, designers, and sureties in connection with complex public and private construction projects. Her practice spans the full project life cycle from contract negotiation through project execution, claims management, and dispute resolution. She has extensive experience advising clients on high-value developments, including public-private partnerships (P3s), transportation and civic infrastructure, mixed-use developments, health care facilities, stadiums, courthouses, convention centers, and large-scale commercial and residential developments throughout Florida and beyond.

Known for her strategic judgment and practical, business-oriented approach, Heather routinely drafts and negotiates construction and design agreements and advises clients on contract administration and claims avoidance strategies to minimize disputes and keep projects on track. When a dispute is unavoidable, she represents clients in litigation, arbitration, and other alternative dispute resolution proceedings involving contract claims, construction and design defects, project delays, payment and performance bonds, mechanic's liens, and other complex construction matters.

Beyond her legal practice, Heather is a recognized leader within South Florida's real estate and construction industry. As chair of the Greater Miami Chamber of Commerce's Real Estate Committee, she convenes developers, contractors, institutional owners, investors, public officials, and other industry leaders to address emerging issues affecting the built environment, including P3s, transit-oriented development, workforce and attainable housing, adaptive reuse, health care-related development, and infrastructure investment. She is a frequent speaker on construction law, project delivery, and risk management.

• Represented developer of Florida's first social infrastructure P3 project in a complex alternative dispute resolution proceeding, securing a significant victory on project delay claims and defeating allegations that threatened termination of an approximately $850 million public infrastructure contract.
• Represent developer of a $310 million capital improvement and expansion project involving a public streetlighting network in a complex dispute among members of a P3 consortium.
• Successfully defended general contractor in a contentious construction defect and wrongful termination dispute involving a high-rise condominium project, achieving a favorable resolution for less than 3% of the owner's asserted damages.
• Represented a national surety in a multimillion-dollar performance bond arbitration, resulting in a comprehensive 75-page arbitration award in the surety's favor.
• Represented contractor in an $8 million arbitration arising from a major public infrastructure project, developing the principal legal theory that undermined the opposing party's claims and ultimately led to the complete dismissal of all claims before the arbitration hearing.
• Represented public owner of a major convention center in connection with delay and inefficiency claims exceeding $100 million arising from a large-scale expansion and renovation project.
• Obtained a defense verdict at trial on behalf of the general contractor in a multimillion-dollar contract dispute against a shell contractor.
• Represent owners, developers, and contractors in complex breach of contract, construction defect, delay, disruption, and payment disputes involving commercial, residential, and public infrastructure projects.
• Draft and negotiate construction and design agreements for sophisticated commercial and high-end residential projects, including the development of a new cancer treatment facility.
• Advise owners and developers on procurement and project delivery strategies, including design-build, construction manager at risk (CMAR), guaranteed maximum price (GMP), and P3 agreements for complex public and private developments.

• The Best Lawyers in America, Commercial Litigation, Construction Law, Construction Litigation (2023–2026)
• The Best Lawyers in America: Ones to Watch, Commercial Litigation (2021–2022)

• American Bar Association
  • Forum on Construction Law
  • Tort Trial and Insurance Practice Section
    • Fidelity and Surety Law Committee
    • Co-Chair, Young Professional Subcommittee
• The Florida Bar
  • Real Property, Probate, and Trust Law Section
  • Trial Lawyers Section
• Florida Association for Women Lawyers
• Dade County Bar Association
• Greater Miami Chamber of Commerce
  • Vice Chair, Real Estate Committee
  • Leadership Miami, Class of 2018–2019
• The Commonwealth Institute
  • Strategies for Success Program (2016)
• Women’s Chamber of Commerce of Miami-Dade County
  • Trustee Member

• "Building Together: The Impact of Public-Private Partnerships on South Florida’s Real Estate Market," Greater Miami Chamber of Commerce Developers Forum, Miami, FL (January 22, 2026)
• "Breaking New Ground: Why Developers Are Choosing to Invest Big in Transit-Oriented Development Projects in Downtown Miami," Greater Miami Chamber of Commerce Developers Forum, Miami, FL (January 30, 2025)
• “Surety Considerations and Trends With Prequalifying New to Market Contractors in Florida,” Florida Surety Claims Association, Tampa, FL (March 28, 2024)
• "Sky High 305: The Race to the Top," Greater Miami Chamber of Commerce Developers Forum, Miami, FL (January 25, 2024)
• "The Impact of COVID-19 on the Florida Construction Industry: Lessons Learned and Future Considerations," AACE Greater Miami Section (April 27, 2021)
• Surety Today Podcast (February 10, 2020)
• “Characteristics of a Healthy Contractor – Contract Management and Project Administration,” ABA Fidelity and Surety Law 2020 Midwinter Conference, New York, NY (January 30, 2020)
• “Insurance in the Construction Industry – Coverage for Continuing Damage,” The Seminar Group, Atlanta, GA (March 2019)
• "Dangers and Pitfalls of Use of Social Media for Investigation of Claims/Litigation," ABA CLE Webinar (December 10, 2018)
• "Additional Insured Coverage," Construction – A Marvelous Mediation of Heroic Proportions: Insurance Coverages in Complex Construction Litigation, ABA Fidelity and Surety Law 2018 Midwinter Conference, Washington, D.C. (January 2018)