Construction

Overview

We have decades of experience representing developers, owners, contractors, subcontractors, architects, engineers, lenders, investors, real estate investment trusts (REITs), public companies, and sureties and insurance companies in connection with the construction of hotels, retail centers, office buildings, condominiums, apartment complexes, bridges, industrial projects, warehouses, car dealerships, multi-million dollar homes, airports, major roadways, port facilities, remodels, renovations, and other real estate projects. In addition to private practice, our attorneys have in-house experience with large construction companies and commercial developers. This first-hand knowledge allows us to understand the complexities of developing and managing the issues that arise in construction and engineering projects.

Range of Services

Construction Formation and Project/Contract Administration

We actively participate in our clients’ development process from site acquisition through project completion including warranty and defects periods. Our experience in negotiating and drafting design and construction agreements mitigates potential disputes by clearly defining expectations and allocating responsibilities. When negotiating contracts, we leverage our extensive dispute resolution experience to proactively identify and address risks and advocate our clients’ interests with compelling and reasonable justifications. We are skilled at adapting industry-standard contract forms, such as AIA and ConsensusDocs, and crafting custom forms, to create tailored agreements that align with our clients’ unique requirements. Our experience includes:

• Compliance with governmental requirements
• Construction accidents
• Construction defect – Chapter 558, Florida Statutes, pre-suit and litigation
• Contract negotiation and drafting – Stipulated sum, cost plus fee and design-build contracts, subcontracts and purchase orders
• Construction financing
• Design services contract negotiation and drafting
• Dispute review boards
• Environmental risk assessment
• Faulty products and failures
• Green buildings & LEED Certification
• Labor and Employment – Labor organization efforts, strikes, or Davis Bacon wage disputes
• Land acquisition and development
• Mold and sick buildings
• Outside general counsel services
• Project impacts from delay, acceleration, inefficiencies, changes, unforeseen conditions, differing site conditions
• Private construction contracts – drafting, negotiation, bidding, award and administration
• Public construction contracts – bidding, award, protests and appeals
• Public-Private Partnerships (PPPs) procurement and negotiation
• Project counsel
• Risk assessment and contract review
• Risk identification and claim avoidance strategy
• Security of payment and performance – surety bonds, letters of credit, and guarantees
• Warranties

Dispute Resolution

We are experienced in evaluating project circumstances to help clients achieve informed and cost-effective resolution of construction disputes through negotiation and alternative dispute resolution. When amicable resolution is not achieved, we are experienced in pursuing and defending construction claims in state and federal courts, arbitration, and administrative tribunals. Our experience includes:

• Acceleration, delay and disruption claims
• Bonds and insurance claims
• Change orders and extra work disputes
• Civil theft
• Code compliance
• Constructions liens, equitable liens and bond claims
• Cost escalation
• Defective plans and specifications
• Design errors and omissions – architect and engineer design professional liability (Chapters 471 and 481, Florida Statutes)
• Design and engineering defects and malpractice
• Differing and unforeseen site conditions
• Dispute Avoidance Panel (DAP) and Dispute Review Board Proceedings
• Inefficiency and loss of productivity
• Indemnification
• Insurance coverage disputes
• Liquidated damages assessment
• Negligence
• Payment disputes
• Project documentation and cost overruns
• Scheduling
• Security of payment and performance – surety bonds, letters of credit, and guarantees
• Termination
• Warranty Claims