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Overview

Donell Andre Hicks is a Shareholder in the Firm and is Board Certified by The Florida Bar in Construction Law* since 2013. He practices in a variety of areas, including Litigation, Land Development, Zoning & Environmental, Real Estate, and Insurance.  Donell provides support to a broad client base and his services are routinely sought out by construction clients for representation in complex disputes.  He is a seasoned litigator who understands strategy and tactics, and applies his wide breadth of knowledge using a practical, results-oriented approach. 

Donell is highly experienced in handling a range of disputes in all types of construction cases, including residential, commercial, condominium, and homeowner association (HOA) claims.  He represents various construction industry professionals, including developers, property owners, contractors, subcontractors, architects, and engineers in transactional, litigation, mediation, and arbitration matters.  His construction litigation experience includes disputes involving Design Professional Liability (including Chapter 471 and 481, Florida Statutes), Chapter 558 (Notice and Opportunity to Repair, Florida Statutes), construction defects, breach of contract, construction delays, and more. 

*With only 7% of eligible members certified, Board certification is The Florida Bar’s highest level of evaluation of a lawyer’s competence and experience in a particular area of practice. It identifies lawyers with "special knowledge, skills and proficiency, as well as a reputation for professionalism and ethics." To achieve certification, a lawyer must endure rigorous examination and testing and be evaluated by their peers.

Representative Experience

  • Represented The Louis Berger Group (WSP) against a subcontractor on a federal government contract wherein Louis Berger was awarded an $860+ million Army contract modification to help supply temporary power in Puerto Rico and the Virgin Islands after Hurricane Maria.
  • Defense of Directors and Officers to protect the personal assets of corporate directors and officers, and their spouses, in cases alleging claims of breach of fiduciary duty and negligence.
  • Represented law firms, attorneys, accountants, insurance agents, and other professionals against claims of Errors and Omissions in malpractice cases.
  • Defense of gas station owner against environmental contamination litigation and agency action resulting from fuel spill and discharge from underground storage tank.
  • Represented aquaculture engineer against claims made by owners of a fish farm by analyzing the aquaculture engineering design and bio plan. 
  • Defense of engineer in the design of a 4-story energy plant for Nova Southeastern University’s Community Development District (CDD) to provide chilled water to the campus facilities.
  • Represented CHM Structural Engineers in the defense of a professional malpractice claim made by the One Ocean Condominium Association
  • Defense of Southwest Engineering & Design in the design of pickle ball courts for Riverwood Community Center.
  • Defense of engineer for the design of the City of North Miami Beach Norwood-Oeffler Water Treatment Plant where damages claimed were in excess of $25 million.
  • Defense of company in complex construction delay case regarding the design and supply of equipment to construct a cement plant with alleged damages in excess of $60 million.
  • Defense of Kobi Karp related to the standard of care in the design of a luxury South Beach condominium, with alleged damages in excess of $45 million.
  • Defense of architect who allegedly miscalculated the true square footage of a luxury South Beach condominium, thus causing the owner lost profits in excess of $40 million.
  • Defense of general contractor who built the Spring Valley residential subdivision to defend against a class action claim for failure to provide adequate stucco, with alleged damages in excess of $11 million.
  • Represented numerous contractors, architects, and engineers (civil, structural, mechanical, electrical, plumbing, geotechnical, aquaculture, etc.) on single family, condominium, and commercial projects.  Representative projects include:
    • 900 Biscayne
    • 1300 Ponce Condominium
    • Beach Club
    • Biltmore Condominium
    • Gansevoort Hotel
    • Icon Brickell
    • Mandarin Lakes
    • MEI Condominium
    • Porto Venezia Condominium
    • Tripletail Farms
    • Turnberry Ocean Colony
    • The Vue
    • Water Club North Palm Beach Condominium
  • Represented construction industry clients through the Florida Statute §558 process.

Professional & Community Involvement

  • The Florida Bar, Real Property, Probate & Trust Law Section, Construction Law Committee, 2006-Present
    • Litigation Subcommittee
  • All Ivy+, 2011-Present
    • President, 2017-Present
    • Board Member, 2011-2016
  • Cornell University, Cornell Class of 1997, 2009-Present
    • Co-President 2017-Present
    • Class Council 2009-2016
  • Cornell Club of Greater Miami and the Florida Keys, 2011-Present
    • Past President & Board Member, 2015-Present
    • President, 2011-2015
  • Cornell Alumni Admissions Ambassador Network (CAAAN), 2002-Present
    • Co-Chair, 2017-Present
    • Chair, 2016-2017
  • Cornell University Council, Ambassador, 2016-2020
  • The George Washington University South Florida GW Alumni Club, Board Member, 2012-2019
  • National Bar Association, 2014-2016
    • Board of Governors, Alternate, 2015-2016
    • Real Estate and Probate Law Section, Chair, 2015-2016
    • Real Estate and Probate Law Section, Membership Committee Chair, 2014-2015
  • The Florida Bar Leadership Academy, Fellow and Inaugural Class Member, 2013-2014
  • The George Washington University Law School Black Law Alumni Association, 2003-2014
    • Secretary, 2010-2014
    • Vice President, 2003-2009
  • The George Washington University Black Alumni Association, South Florida Regional Chair, 2011-2012
  • Greater Miami Chamber of Commerce, Leadership Miami, 2011-2012
  • Cornell Black Alumni Association, Lifetime Member
    • Treasurer, 2006-2009
    • Secretary, 2005-2006
  • The George Washington University Law School, Board of Directors, 2002-2005

Recognition

  • AV Preeminent® Top Rated Lawyer, Martindale-Hubbell

Publications & Presentations

Events: Residential Construction and Condominium Maintenance
10th Annual Construction Law in Florida Conference |October 2021

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Newsroom

In the Media: On the Move
Law.com / Daily Business Review|February 2021

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