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Overview

Johnathan Ayers is Board Certified by The Florida Bar in Construction Law.* He focuses his practice on advising clients in the construction industry throughout the life cycle of a construction project—from transactional issues and contract administration through litigation. He has represented owners and developers in disputes arising from real estate projects and construction agreements, including construction defect and delay claims, surety bonds, easements, insurance coverage, construction liens and warranty claims, as well as provided advice on various construction transactional matters.

Johnathan has extensive experience litigating complex construction disputes in federal and state courts, as well as in mediation and arbitration. He also provides counsel regarding a wide variety of construction related risk management, financing and contract drafting and negotiation matters.

 *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 South Florida Stadium, LLC, the owner and operator of the Hard Rock Stadium (home of the Miami Dolphins football team), in a lawsuit arising out of a $110 million change order submitted for the fabrication and erection of the rooftop shade canopy over the stadium.
  • Represented Brightline in disputes arising from the delayed construction of the new highspeed train project, including a $25 million claim brought by the structural steel fabricator and erector for the downtown Miami station. Litigation was settled favorably after ten days of trial.
  • Represented general contractor in obtaining a multimillion dollar verdict on its counterclaims for breach of contract, foreclosure of construction lien, and fraud in the inducement and in its favor on the claims of the plaintiff, a condominium association, following month-long jury trial.
  • Secured a $22.5 million settlement as co-lead counsel for the owners of a 676-unit condominium community in a construction defect lawsuit reported as one of the largest in Palm Beach County history. Kolter Homes and more than a dozen other subcontractors settled on the third day of jury selection, following three successive verdicts for the owners in court-conducted mock jury trials.
  • Represented Knauf, a global building products manufacturer, as lead counsel in a month-long opt-out jury trial in defense of claims for drywall imported from China to the United States.
  • Represented developer of condominium conversion project at the Midblock Miami development in multimillion dollar construction defect claim against general contractor and various subcontractors while defending the same developer against construction defect claims by condominium association.
  • Represented developer in obtaining dismissal of commercial property owner’s claim to establish permanent easement over developer’s $70 million multifamily construction project.
  • Secured $10.5 million judgment on behalf of international clients in a claim arising from counter-party’s failure to pay for aircraft, flight crews and maintenance personnel relating to non-military air transportation services to Afghanistan.
  • Represented homeowners’ community developer located in Palm City, Florida in defense of construction defect claims by the homeowners’ association.
  • Obtained final judgment for homeowner client against unlicensed subcontractor who was contracted to perform residential interior remodeling work.
  • Represented condominium in obtaining summary judgment enforcing exculpatory clauses and precluding consequential damages in condominium declaration and purchase and sale contract.
  • Represented movie theater project developer in downtown Miami in various construction lawsuits, including defense of liens disputes and competing contract claims involving the general contractor.
  • Favorably resolved action by agricultural concern against international fungicide manufacturer and distributor on claims of strict product liability, negligence, fraud, and violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA).
  • Represented international property owner in obtaining favorable settlements involving contract and negligence claims.
  • Represented individual in vacating default judgment entered several years prior for alleged credit card debt and obtaining dismissal of lawsuit with prejudice.
  • Represented developer of multiple affordable housing projects located in Tampa, Florida in several construction disputes.

Professional & Community Involvement

  • Contributing Co-Author, Florida Construction Law, November 2022-Present
  • LegalARTLink (formerly Cannonball Miami), Pro Bono Legal Assistance, Present
  • Dade Legal Aid, Put Something Back Pro Bono Volunteer, Present
  • Dance NOW! Miami, Board of Trustees, 2016-Present

Recognition

  • Best Lawyers: Ones to Watch, 2021-Present
  • Florida Super Lawyers, Rising Star, 2017-Present

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