Construction Law and Litigation

Construction Law and Litigation

“This is a highly skilled team that is extremely service-oriented and does not look to ‘trump’ fees for their own benefit. I could detail many instances where their advice was geared to minimize legal fees while simultaneously maximizing benefit to the client.” – Chambers USA, 2017

Broad and Cassel’s Construction Law and Litigation group concentrates on the representation of governmental entities, large national and international contractors and developers. Nationally recognized, certified and experienced in the construction industry, our attorneys have a unique ability to provide clients with definitive and practical answers to the many technical and legal questions that arise during the course of construction projects.

Each year, the group is involved in hundreds of millions of dollars in private developer work. Our attorneys have extensive experience and understanding in:

  • Arbitration, Administrative Hearings and Federal Boards of Contract Appeals Actions
  • Bid Protests
  • Breach of Contract
  • Building envelope failures, water intrusion, and mold issues
  • Claims alleging design and construction errors and omissions
  • Claims for extras, delay, acceleration, disruption, loss of productivity, and out-of-sequence work
  • Compensation Claims
  • Construction lien and bond disputes
  • Construction and Design Defect Claims
  • Contract drafting and negotiations
  • Delay, Disruption, and Acceleration Claims
  • Differing Site Condition Claims
  • Payment and Performance Bond Actions
  • Project Management, Scheduling and Critical Path Analysis
  • Scope of Work Disputes
  • Subcontractor Listing/Substitution Hearings
  • Termination Actions
  • Water Intrusion and Mold Claims

Our construction legal team is enhanced by several Board Certified Construction attorneys, one who has practiced exclusively in construction litigation and construction law for nearly 30 years and an attorney who serves as a Construction Arbitrator for the American Arbitration Association and has designed and constructed buildings for several years prior to becoming an attorney. Our team also includes attorneys who have been designated as a Leadership in Energy and Environmental Design Accredited Professionals (LEED Green Associate) by the Green Building Certification Institute. The attorneys in this practice group are actively involved in various construction organizations both at the state and national levels; and some also serve as guest lecturers, speakers, and authors on various construction issues.

Broad and Cassel’s Construction Law and Litigation attorneys:

  • Currently serve as the Greater Orlando Aviation Authority’s construction counsel on its current $3.65 billion Capital Improvement Program, which involves the planning, design and construction of a new airport intermodal facility and automatic people mover trams and integration of a high-speed rail line and terminal station. Services provided include: conceptual development and planning of project delivery methods and project financing; preparing procurement documents; reviewing, commenting on and evaluating submissions; advising selection committees; negotiating and preparing contracts and involvement in all aspects of implementation.
  • Handle all procurement, negotiating and contracting for the $55 million New York Mets’ minor league baseball and spring training center, as well as a $225 million waste reclamation and recycling/energy center on behalf of St. Lucie County, Florida. Both involve public-private partnership deal structures.
  • Served as counsel to the Jacksonville Transportation Authority (JTA) in procuring the design, build, finance, operation and maintenance of a Compressed Natural Gas (CNG) facility on a public-private partnership (P3) basis. Our team played a central role in the development of this intricate project, guiding JTA on all issues related to procurement options, project delivery methods, evaluation and award, contracting and risk management.
  • Served as General Counsel to Scripps Florida Funding Corporation, a public–private entity created to oversee disbursement of $310 million in funds from the State of Florida and $137 million in funds, as well as undeveloped land, from Palm Beach County to bring the Scripps Research Institute to Florida.
  • Served as construction counsel to Hillsborough County Public Schools (HCPS), evaluating and drafting new design and construction contracts for the district to use in future procurement of services. These new contract forms included owner-architect, owner-consultant, owner-contractor and owner-construction manager forms. The group also worked with HCPS to handle issues that arise during and after completion of construction, including evaluating claims submitted by contractors and designers and district claims against bonding companies of defaulted contractors. Additionally, we have served as litigation counsel for HCPS on two schools that have significant design and construction defects in an attempt to recover the costs of remediation of the defective construction.
  • Served as counsel on the construction of the Miami Dolphin stadium (now known as Sun Life Stadium) project, preparing key transactional documents for purchase, lending, security and a subsequent refinancing.

Chambers USA Testimonials:

“Broadly experienced in negotiation of contracts as well as litigation, on matters involving transport infrastructure and condominiums.” – Chambers USA 2015

“They are a very good construction firm…” – Chambers USA 2012

“This recognized litigation group has seen an increase in construction defect claims, especially relating to multifamily projects.” – Chambers USA 2011

“Impact and delay claims are a particular forte, but the team also offers long-standing and extensive experience with public agencies, aviation authorities and school boards, giving it- a healthy portion of the public sector construction claims and defense work pie.” – Chambers USA 2007 

“This full-service Florida firm is home to a small but ‘highly skilled’ team of experts, who are respected for ‘attaining the business goals of clients.’ It represents a desirable mix of construction clients, such as managers, engineers, architects and material suppliers.” –Chambers USA 2006

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