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Wm. Cary Wright

Wm. Cary Wright

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Overview

Cary has extensive experience representing clients in construction disputes, including: construction claims, environmental and other sick-building syndrome issues; construction liens; insurance coverage matters; risk management; bond claims; and other contract disputes. His engagements have involved bridges, convention centers, stadium projects, high-rise condominiums, highways, hospitals, and hotels.

Cary also has substantial experience in contract drafting and contract review including the preparation of owner-contractor agreements and contractor-subcontractor agreements. He also advised an aviation authority on its insurance program for a multi-billion dollar project. Cary is the recipient of The Florida Bar Construction Law Committee's 2014 Lifetime Achievement Award. He is also a Fellow in the American College of Real Estate Lawyers, where he serves on the Public/Private Partnership Committee.

One commenter remarked in Chambers USA, a leading guide to the legal profession, that he is "a great lawyer and highly respected by anyone in construction. He's worked very, very hard, having published, written and spoken on it. I can't say enough good things about him. He's a great and highly skilled lawyer."

Featured Insights

Experience

  • Lead trial counsel in the defense of an $85 million defective construction and environmental claim against a subcontractor on a phosphate reservoir project.
  • Lead trial counsel for joint venture on multiple lawsuits by trade contractors arising from the construction of an over $500 million convention center where total claims exceeded $70 million.
  • Defense and settlement of $27.8 million claim by mechanical contractor and subcontractor against general contractor, and prosecution against owner and design professional regarding the claim.
  • Defense and settlement of $8.1 million claim by drywall subcontractor against general contractor.
  • Defense and settlement of $5.7 million claim by control systems trade contractor against general contractor, and prosecution against owner and design professional regarding the claim.
  • Defense of general contractor from $3.2 million claim by fire protection contractor, and prosecution against owner and design professional regarding the claim.
  • Defended and settled multi-million dollar suit by general contractor against developer.
  • Represented general contractor in multi-million dollar claim against owner/developer.
  • Represented general contractor in multi-million dollar claim against subcontractor.
  • Represented condominium association in claims against developer and general contractor for defective construction and breach of statutory warranties.
  • Obtained approximately $2 million settlement on behalf of residential homeowner against developer and property insurer.

Representative Cases

  • Harper Mechanical, LLC v. Hunt Construction Group, Inc. et. al., 23 So. 3d 772 (Fla. 5th DCA 2009).
  • Southwest Florida Retirement Center, Inc. v. Federal Insurance Company, 707 So. 2d 1119 (Fla. 1998).

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Recognition

  • AV Rated by Martindale-Hubbell
  • Lifetime Achievement Award, The Florida Bar Construction Law Committee (2014)
  • The International Who's Who of Construction Lawyers (2012-2018)
  • The International Who's Who of Business Lawyers (2013-2015)
  • Listed in The Best Lawyers in America, Construction Law, Litigation - Construction (2008-2019)
  • Named The Best Lawyers’ Tampa Construction Law "Lawyer of the Year" (2013-2014)
  • Listed in Chambers USA Guide to America's Leading Business Lawyers (2007-2017 Band 1)
  • Selected for inclusion in Florida Super Lawyers (2006-2018)
  • Selected for inclusion in Florida Trend's Florida Legal Elite (2007, 2011-2015)
  • Annual Service Award, Real Property, Probate and Trust Law Section of The Florida Bar (2010)
  • Who's Who Among American Law Students
  • Cecil L. Bailey Award for academic achievement and meritorious leadership, Stetson University College of Law

Professional & Community Involvement

  • American Bar Association 
    • Forum on the Construction Industry 
    • Governing Committee, Member (2012-2015)
    • Chair, Technology Committee (2015-2017)
    • Chair, Division 7 – Bonds, Liens and Insurance (2008-2010) 
    • Member, Division 7 – Steering Committee (2004-2008) 
    • Past-Member, Division 12 – Owners and Lenders 
    • Past Young Lawyer Representative, Division 12 – Owners and Lenders
  • American Bar Foundation
    • Fellow (2015-Present)
  • American College of Real Estate Lawyers
    • Fellow (2017)
  • The Florida Bar
    • Member, Executive Committee of the Real Property, Probate & Trust Law (RPPTL) Section (2017-Present) 
      • Co-Chair Legislative Committee (2017-2018)
      • Appointed Treasurer (2018-2019)
    • Co-Editor-in-Chief of ActionLine, circulation of over 11,000 (2016-2017)
    • Chair, Construction Law Committee of RPPTL Section (2007-2009)
    • Co-Vice Chair, Construction Law Committee of the RPPTL Section (2005-2007)  
    • Chair, RPPTL Construction Law Institute (2010-2012) 
    • Co-Chair, RPPTL Insurance & Surety Committee (2011-2017) 
    • Co-Vice Chair, RPPTL Insurance & Surety Committee (2009-2011)
  • Hillsborough County Bar Association 
    • Co-Chair, Construction Law Section (2005-2007) 
    • Articles Editor, Construction Law Section (2003-2005)
  • Museum of Science and Industry
    • Advisory Board (2013-2014)
  • Associated General Contractors of Greater Florida, Inc.
    • Advisory Committee (2005-2016)
  • Construction Financial Management Association (CFMA)
    • Tampa Bay Chapter, Board of Directors (1992-present)
  • CFMA National Conference Planning Task Force (2001-2010)
  • Federalist Society, Tampa Bay Lawyers Chapter
    • Vice President (1998-2004)
  • Cary has served, or serves, in various capacities at Bell Shoals Baptist Church, as deacon, nominating committee member, chairman of the finance committee, treasurer and trustee

Speaking Engagements

  • "2017 Changes to the AIA Documents," Construction Financial Management Association (January 2018)
  • "Construction Issues," 19th Annual Commercial Real Estate Institute, New York (December 2017)
  • "J.S.U.B. and Its Progeny: A Review of the Case Law, the Insurance Market's Response and Steps Practitioners Should Know to Protect Their Clients," Florida Bar Construction Law Institute (March 2017)
  • "Insurance in the Construction Industry," Florida Bar Construction Law Webinar (January 2017)
  • "Key Issues and Provisions in Construction Contracts," 18th Annual Commercial Real Estate Institute, New York (December 2016)
  • "Top Six Risk-Shifting Provisions in Construction Contracts," Clifton Lawson Allen Surety Seminar, Tampa, FL (November 2016)
  • "Practical Tips For Understanding Construction Insurance and Gaps in Coverage," Florida Bar Construction Law Committee, Tampa, FL and Orlando, FL (2016)
  • "Florida's Lien Law," Construction Financial Management Association (August 2016)
  • "AIA A201 General Conditions," Loram Seminars: AIA Contracts, Sarasota and Tampa, Florida (October 2014)
  • "Condominium: Opportunities & Pitfalls - CGL Coverages and Waivers of Subrogation," The Seminar Group (September 2014)
  • "Construction Lien Law Update," Construction Financial Management Association (May 2014).
  • "Insurance and Coverage Issues - What You Need to Know," Hillsborough County Bar Construction Law Section (January 2014)
  • "Construction Insurance," The Florida Bar Construction Certification Review Course (March 2013)
  • "Legislative Update," Real Property Probate Trust Law Section of The Florida Bar, Annual Legislative and Case Law Update (August 2012)
  • "Construction Lien Law Update," Construction Financial Management Association (July 2012)
  • "Construction Insurance," The Florida Bar Construction Law Certification Review Course (March 2012)
  • "Legislative Update," Real Property Probate Trust Law Section of The Florida Bar, Annual Legislative and Case Law Update (August 2011)
  • "Legislative Update," Tampa Bay Chapter of Construction Financial Management Association (May 2011)
  • "Insurance Coverage Issues Related to Chinese Drywall Claims," The Florida Bar Construction Law Institute (April 2011)
  • "Construction Insurance," The Florida Bar Construction Law Certification Review Course (April 2011)
  • “What’s in a Form? A Closer Look at the More Significant Provisions Within the AIA and ConsensusDOCS Standard Construction Contract Forms,” Tampa Bay Chapter of the Construction Financial Management Association (September 23, 2010)
  • “Construction Accounting,” ABA Forum on the Construction Industry, Annual Meeting (2010)
  • “Integration of, and Conflicts Between, Insurance Policies, Bonds, and Contract Clauses Provided by Contractors, Subcontractors, and Design Professionals,” The Florida Bar Construction Law Institute (April 2010)
  • “Construction Insurance,” The Florida Bar Construction Law Board Certification Review Course (April 2010)
  • “Construction and Insurance Issues Related to Chinese Sourced Drywall,” Associated General Contractors Meeting (July 2009)
  • “A201 General Conditions,” Lorman Education Seminars: AIA Contracts, Tampa, FL (May 13, 2009)
  • “Construction and Insurance Issues Related to Chinese Sourced Drywall,” ABA Forum on The Construction Industry, Division 7 Breakfast Meeting (2009)
  • “Construction Insurance,” The Florida Bar Construction Law Board Certification Review Course (March 2009)
  • “Strategies For Finding Coverage And Generating Payments From Insurance Carriers – Understanding The Anatomy of The Standard CGL Policy and Terms of the Builder’s Risk, Professional Liability and OCIP Policies,” The Florida Bar Construction Law Institute (March 2009)
  • “Florida Lien Law,” Tampa Bay Chapter of the Construction Financial Management Association (September 2008)
  • “Do You Have As Much CGL Coverage As You Think?” Construction Financial Management Association National Conference (2008)
  • “Condominium Construction Issues in Florida – Insurance,” Lorman Education Services, Tampa, FL (March 2008)
  • “Insurance: Commercial Liability, Builder’s Risk and E & O Policies,” Real Property Probate and Trust Law Section of The Florida Bar, Construction Law Board Certification Review Course (March 2008)
  • “2007 Changes to the AIA A201 General Conditions,” Tampa Bay Chapter of Construction Financial Management Association (March 2008)
  • “AIA vs. Consensus Docs,” Greater Florida Associated General Contractors (March 2008)
  • "Seminar on Florida Construction Lien Law," Construction Financial Management Association (CFMA) (September 2007)
  • “Anatomy of an Insurance Policy and Exclusions,” Hillsborough County Bar Association (HCBA), Construction Law Section (September 2007)
  • “AIA Contracts,” Lorman Education Services, Tampa, Orlando, and Sarasota, FL (2007)
  • Presenter and Panel Member, Advanced Construction Law and Certification Review Course, Real Property, Probate and Trust Law Section of The Florida Bar (March 2007)
  • “Florida Lien Law Seminar,” Construction Financial Management Association (September 2006)
  • “Basic Construction Law - Insurance and Bonds,” Real Property, Probate and Trust Law Section of The Florida Bar (August 2006)
  • “Force Majeure,” ABA Teleconference CLE (June 2006)
  • “Expecting the Unexpected: Anticipating and Managing Key Risks to Successful Projects – Force Majeure Delays,” American Bar Association Forum on the Construction Industry, Mid-Winter Meeting, New York (January 2006)
  • “Chapter 713 and Other Payment Remedies,” presented to WCI Communities, Inc. (October 2005)
  • “Risk Mitigation and Recent Case Law Related To Changes in CGL Coverage,” Construction Financial Management Association and Construction Management Association of America (August 2005)
  • “Additional Insured Forms – Are You Covered?” Construction Financial Management Association (March 2005)
  • “Construction Law Certification Review Course,” The Florida Bar Continuing Legal Education Committee and the Real Property, Probate and Trust Law Section (March 2005)
  • “Design/Build Contracts & Their Associated Risks,” Construction Financial Management Association (July 2004)
  • “Florida Construction Law: A Comprehensive Survey,” The Florida Bar Continuing Legal Education Committee and the Real Property, Probate and Trust Law Section (March 2004)
  • Presenter, AGC Construction Law and Lien Law Symposium (December 2003)
  • “Mold in Construction,” Southeast Building Conference (July 2003)
  • “Force Majeure Clauses – An Evolving Risk Allocation Mechanism In The 21st Century,” American Bar Association Forum on the Construction Industry, Annual Meeting, Boston (May 2003)
  • “Water Intrusion and Mold Claims in Florida,” Sterling Education Services, LLC (May 2003)
  • “Mold in Construction,” The Associated General Contractors of Greater Florida, Inc. (May 2003)
  • “Beating The Odds In The Claims Process,” CFMA National Conference, Las Vegas (2002) Moderated a mock arbitration and presented seminar on construction issues at the 2002 CFMA National Conference in Las Vegas

Credentials

Education
  • Stetson University College of Law (J.D., cum laude, 1990)
  • University of Florida (B.S. in Accounting, with honors, 1985)
Bar Admissions
  • Florida
Court Admissions
  • United States Supreme Court
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Southern District of Florida
  • Florida Supreme Court
  • Florida State Courts

Background

  • Certified Public Accountant for an international accounting firm (1986-1987)

Areas of Focus

Industries

Disclaimer

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