Construction Litigation

Our Construction Litigation practice brings with it extensive experience representing project owners, sureties, architects, engineers, general contractors, and the trades responding to direct and derivative construction defect claims. Whether the allegations arise out of professional malpractice, value engineering decisions, water intrusion, structural failure, product or specification non-compliance, our attorneys have the training and experience to read and comprehend plans, establish the customs and practices of the various trades, and to distinguish applicable code provisions. We also engage in coverage evaluations on construction issues, including the application of the Work Product Exclusion, which we have successfully argued at the trial and appellate levels on behalf of our clients.

Alleged construction defect cases continue to resolve satisfactorily with reliance upon statute of limitations and allegedly latent defect issues; the drafting and scope of contractual indemnification provisions; Florida’s economic loss doctrine prohibiting a recovery in tort for parties in privity of contract; the striking of attempts to plead “stigma” damages; distinguishing betterments from compensatory loss claims; defeating loss profit claims; the unintended consequences of so called “1031 exchanges;” and, the performance of a professional in accordance with the applicable standard of care.

The firm’s experience includes a working relationship with consultants in Florida and nationwide, who are available to assist either formally or informally with technical and laboratory analyses. These analyses have included the microscopic slicing of coating and material layers; corrosion and metallurgical testing; the impact of ultraviolet rays, humidity, and temperature variations on building envelopes, as well as mold conditions arising from improper maintenance rather than alleged construction defects.

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