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Overview

Stearns Weaver Miller has decades of successful experience representing owners, developers, contractors, and design professionals in a wide variety of construction related matters including contract drafting and negotiation, financing, risk management, and litigation and dispute resolution.

We actively participate in our clients' development activities from site acquisition to the conclusion of the warranty period for the finished project. Our extensive experience in negotiating and drafting design and construction agreements helps to prevent disputes regarding the expectations of the parties. Following completion and disposition of the project, we assist our clients in resolving warranty and latent defect claims.

Our Real Estate attorneys work with clients to negotiate construction contracts, such as stipulated sum, cost plus fee and design-build contracts.  They represent buyers, sellers, lenders, investors, developers, real estate investment trusts, public companies, insurance companies and owners and operators in connection with the construction of hotels, retail centers, office buildings, apartment complexes, industrial projects, and other commercial real estate and corporate assets.  They also represent sellers and buyers in construction contract purchase and sale transactions and lenders and borrowers in construction and permanent financing transactions.

Our litigation attorneys have extensive experience litigating large-scale disputes, including design and engineering malpractice, construction errors, claims of untimely completion, and construction defect and delay claims. Our dispute resolution experience allows us to give clients seasoned advice on the best way to resolve disputes, whether through negotiation, mediation, arbitration or litigation in federal and state courts.

Supporting our litigation group is in house staff, software and hardware supporting visual presentations simplifying for public officials, arbitrators, judges and juries complex construction and design issues in any configuration required for the setting.  The firm’s in house courtroom has proven enormously useful in preparing non-lawyers for the experience they will confront in court.  

The firm’s construction litigation experience is extensive.  It includes the Miami Heat’s claim of design malpractice against the architects who designed the American Airlines Arena, tens of millions in insurance claims involving a destructive fire of a high rise building on Key Biscayne, and the successful defense of claims by contractors, and design professionals against the firm’s client, All Aboard Florida, involving the Miami station. 

We are able to draw upon our Government & Administrative Practice Group to address any government, administrative or regulatory matter that may arise during the construction process. We are also able to draw upon our Labor & Employment Practice Group in the resolution of any labor related issues that may arise during the construction process, including the response to labor organization efforts, strikes, or Davis Bacon wage disputes.

  • Architect and Engineer Malpractice Claims
  • Bonds & Insurance Claims
  • Changes & Design Issues
  • Compliance with Governmental Requirements
  • Construction Accidents
  • Construction Contract Negotiation & Drafting
  • Construction Defects & Delay Claims
  • Construction Financing
  • Construction Lien Resolution
  • Contract Disputes & Terminations
  • Defective Plans & Specifications
  • Delays, Scheduling & Acceleration
  • Design & Error Omissions
  • Design Services Contract Negotiation & Drafting
  • Differing Site Conditions
  • Dispute Review Boards
  • Environmental Risk Assessment
  • Faulty Products & Failures
  • Green Buildings
  • Impact & Inefficiency Claims
  • Insurance Coverage Disputes
  • Land Acquisition and Development
  • LEED Certification
  • Litigation
  • Litigation, Arbitration, and Alternative Construction Dispute Resolution
  • Materialman’s & Mechanics’ Lien Resolution
  • Mold & Sick Buildings
  • Negligence Claims
  • Procurement of Appropriate Construction and Insurance Bonds
  • Project Counsel
  • Project Documentation and Cost Overrun Disputes
  • Risk Assessment and Contract Review
  • Risk Identification & Claim Avoidance Strategy
  • Warranties

Construction Litigation/Contract Administration

Construction Financial Services