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Heather M. Jonczak

Heather M. Jonczak

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Overview

Heather Jonczak is a commercial litigator with particular experience in the areas of construction, surety, fidelity, and other complex commercial disputes in state and federal courts. As a member of the firm’s Construction Practice, she handles a wide variety of complex construction disputes and litigation involving all manner of contract claims, design and construction defects and deficiencies, project delay claims, payment and performance bonds, and construction liens. She also regularly drafts and negotiates all types of construction contracts as well as commercial lease agreements and addendums. Heather’s clientele includes contractors, developers, sureties, and private and public owners on all types of construction matters. Some of her representative matters involve stadiums, ballparks, convention centers, hospitals, hotels, commercial office and retail space, high-rise condominiums, and museums, among other complex construction projects.

Heather also has experience with insurance claim investigation and fidelity coverage analysis. In addition, her experience includes representing fiduciaries, beneficiaries, creditors, and other interested parties in probate, trust, and guardianship litigation and administration.

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Experience

  • Defended construction company in complex pollution case involving leak of hazardous materials.
  • Prosecuted owner’s claim for defective work against general contractor.
  • Prosecuted nonpayment claims by design professionals, material suppliers, and subcontractors.
  • Prosecuted indemnity claims and claims for reimbursement on behalf of sureties.
  • Defended contractors and subcontractors on claims of nonpayment.
  • Defended sureties on performance and payment bond claims.
  • Defended design professionals on claims of professional negligence.
  • Defended owners on claims of lien.
  • Coverage analysis and defended fidelity and other claims under bonds and crime policies.

Professional & Community Involvement

  • 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
  • Dade County Bar Association
  • Florida Association for Women Lawyers
  • 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

Speaking Engagements

  • 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 & Surety Law 2018 Midwinter Conference, Washington, D.C. (January 2018)

Credentials

Education
  • Florida State University College of Law (J.D., cum laude, 2011)
  • University of Florida (B.S., summa cum laude, 2008)
Bar Admissions
  • Florida
Court Admissions
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Southern District of Florida
  • Florida State Courts

Background

  • Associate, Welbaum Guernsey LLP, Coral Gables, FL (2011–2013)
  • Contract Attorney, Brown Sims, P.C., Miami, FL (2011)

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.