RumbergerKirk represents a variety of construction-related clients throughout all phases of the construction process from pre-suit contract negotiation through trial. Our client roster includes owners, developers, general contractors, design professionals, specialty subcontractors, and materials suppliers. We understand the nuances of construction and strive to resolve issues through early dispute resolution and dispute avoidance. Should litigation arise, our team has extensive litigation experience covering the full spectrum of construction issues for residential and commercial buildings.
A carefully drafted construction contract is the best defense against litigation. We assist clients in drafting and negotiating contracts that will both protect and benefit. We are versed in the standard form contracts provided by entities such as the American Institute of Architects (AIA) and Associated General Contractor of America (AGC) which are well-recognized and common in the construction industry.
One of the most commonly litigated construction issues concerns claims for defects and deficiencies in the actual construction. We are well-versed in prosecuting and defending clients in matters involving construction defects and deficiencies relating to residential and commercial construction from pre-suit through trial and appeal. We also have experience in securing insurance coverage for many of these claims.
In some instances, a party to a contract may be able to recover damages due to a delay in the performance by a contractor. We are intimately familiar with analyzing and determining delay claims, including what caused the delay, how long the delay was, and whether concurrent delays occurred. In addition, we know what types of delay damages a party may be entitled to, if any, including labor costs, equipment costs, and material costs. When a claim for construction acceleration is made pursuant to a delay, we have the knowledge to analyze these damages as well, which may include the costs of overtime, inefficiency related to overtime, additional materials, more expensive materials, and equipment and expediting fees.
Construction lien perfection, prosecution, and defense are a big part of our construction practice. While Florida’s Construction Lien Law continues to create confusion among many industry professionals, we help clients navigate the landscape of lien law and resolve issues in their favor.
Professionals in fields such as design and architecture are expected to have a certain level of expertise within their area and cannot delegate certain fundamental duties to others. They are held to certain standards of conduct within their profession, and sometimes find themselves as the target of a lawsuit in which their professional license and reputation may be jeopardized. We have a clear understanding of the depth and importance of all that is at stake when a suit is brought against practicing professionals.
We represent clients in the competitive bidding process at the state and local government level, including competitive procurements such as invitations to bid, invitations to negotiate, requests for proposals, and requests for qualifications.
We have experience representing parties involved in the prosecution and defense of payment bond and performance bond claims arising from construction projects. We also handle surety issues on behalf of both general contractors and sureties.
- Represented a foundation company in multi-million dollar litigation by the developer, based on alleged construction delay and consequential additional expenses arising out of the installation of auger cast piles in a high water table location of a mixed-use project in South Miami, Florida. The case was successfully resolved for the foundation company in a confidential settlement on the eve of trial for a fraction of plaintiff’s demand.
- Represented a fire sprinkler subcontractor in $100 million dollar damage claim asserted by a major hotel chain for alleged construction defects based on mold development due to water intrusion.
- Represented a community college in connection with design defects and cost overruns resulting from defective plans and specifications prepared by the community college’s architect. Representation included a jury trial as well as appeals to the Florida District Court of Appeal and Florida Supreme Court.
- Represented national home builder in dispute with supplier concerning over 100 construction liens. The matter was quickly resolved to ensure timely closings.
- Represented a general contractor in a multi-million dollar claim against the owner for acceleration and delayed damages arising out of the construction of a multi-building apartment complex. The matter was resolved by a favorable confidential settlement agreement following the conclusion of a jury trial.
- Represented structural engineers in an arbitration proceeding arising out of the design and construction of a multi-million dollar private jet aircraft hangar. The arbitration involved the owner, general contractor, architect, structural engineers, and various subcontractors. The matter was ultimately resolved through a confidential settlement agreement.
- Represented multiple home builders in multi-million dollar construction defect suits. The matters were resolved by favorable confidential settlements.
- Represented national home builder in tortious interference with a business relationship case. The matter was resolved by a summary judgment and attorney’s fees award in favor of the home builder.