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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 defect claims.

Our Construction 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.

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.

  • Bonds & Insurance Claims
  • Compliance with Governmental Requirements
  • Construction Accidents
  • Construction Defect (Chapter 558, Florida Statutes), pre-suit and litigation
  • Construction Financing
  • Constructions Lien & Bond Claims
  • Contract Disputes & Terminations
  • Contract Negotiation & Drafting (contracts, subcontracts & purchase orders)
  • Defective Plans & Specifications
  • Design Errors & Omissions including Architect and Engineer Design Professional Liability – (Chapters 471 and 481, Florida Statutes)
  • 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 & Development
  • LEED Certification
  • Litigation, Arbitration, & Alternative Construction Dispute Resolution
  • Materialman’s & Mechanics’ Lien Resolution
  • Mold & Sick Buildings
  • Negligence Claims
  • Private Construction Contracts (drafting, negotiation, bidding, award and administration)
  • Public Construction Contracts (bidding, award, protests and appeals)
  • Project Counsel
  • Project Documentation & Cost Overrun Disputes
  • Public Private Project (“PPP”) Procurement & Negotiation
  • Risk Assessment & Contract Review
  • Risk Identification & Claim Avoidance Strategy
  • Security of Payment & Performance (surety bonds, letters of credit, and guarantees)
  • Warranties

Construction Litigation/Contract Administration

Construction Financial Services

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