Andrew Foti

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Practice & Industry Groups

Overview

Andrew Foti focuses his practice in all aspects of construction law and litigation. He represents contractors, subcontractors, architects, engineers, and property owners in private development and public construction projects. Andrew also has experience with matters involving the construction of hotels, commercial buildings, shopping centers, industrial facilities, transportation structures, apartments, airports, educational institutions, and more.

His transactional practice entails the drafting and negotiation of contracts and project management agreements. His dispute resolution practice includes mediation, arbitration and litigation in federal and state courts, as well as before administrative agencies.

Areas of Concentration

  • Construction Contract Formation, Administration & Performance
  • Construction Litigation
    • Breach of Contract
    • Supplementation and Default
    • Defects
    • Delay
    • Lien Foreclosure & Bond Claims
    • Termination

Notable Experience

Litigation & Dispute Resolution

  • Represented contractor against subcontractor in alleged wrongful termination, delay claim, impact claim, and supplementation cost action. Awarded positive judgment.
  • Represented hotel builder in claims against owner and third-party claims against subcontractor. Successfully resolved by settlement.
  • Represented constructor/owner/operator of renewable energy plant against a $26,000,000 claim asserted by supplier. Successfully resolved by settlement.
  • Represented sewer line and storm drainage subcontractor in breach of contract action against owner/general contractor on condominium project. Prevailed on summary judgment.
  • Represented surety for concrete subcontractor in connection with structural concrete and masonry work performed on a hotel project. Successfully resolved by settlement.

Credentials

Education

  • J.D., cum laude, American University, Washington College of Law, 2005
  • B.B.A., magna cum laude, University of Miami, 2002

Admissions

  • Florida
  • District of Columbia
  • Virginia
  • United States Court of Federal Claims
  • United States District Court for the Southern District of Florida
  • United States District Court for the District of Columbia
  • United States District Courts for the Eastern and Western Districts of Virginia

Judicial Clerkships

  • Judicial Clerk, Honorable Anna Blackburne-Rigsby, District of Columbia Court of Appeals
  • Judicial Clerk, Honorable Judith N. Macaluso, Superior Court of the District of Columbia

Professional & Community Involvement

  • Leadership Broward Class XLIII, 2024
  • Construction Lawyers Society of America, Fellow
  • Construction Association of South Florida
  • The Florida Bar Real Property, Probate & Trust Law Section (RPPTL), Construction Law Committee
    • Publications Subcommittee, Prior Vice-Chair and Current Chair
    • Construction Law Lien Task Force

Recognition

  • South Florida Business and Wealth, Up & Comer Award Finalist, 2018
  • Charles Delaney Memorial Award, National Contract Management Association for Best Article of the Year, 2013

News & Insights

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