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Construction Law and Litigation

Florida’s explosive growth has led us to develop one of the premier Construction Practice Groups in the state. Our attorneys are on the forefront of developing cost-effective alternatives to traditional construction, design and environmental litigation. 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.

Construction Law and Litigation Experience

Our team has experience serving many construction clients including:

  • construction and architectural design firms 
  • contractors 
  • sub-trades and material suppliers 
  • governmental agencies 
  • real estate development companies 
  • owners of real estate portfolios

Recognized as one of the state’s leading construction law firms for the past six years in Chambers USA and with more than 40 years of collective experience, our team has 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

We provide advice from the conception to completion of any construction project. And with the client’s business and financial interests in mind, we are prepared to provide a full range of legal advice in construction disputes.

During the preconstruction stages of a project, we attempt to anticipate the types of risks that will arise and determine appropriate means of allocating or resolving these risks through the contracting process. This proactive approach enables all parties to deal with financial and technical contingencies prior to construction, which frequently results in major cost savings on the project.

  • Major Projects - We represent contractors, developers, banks and other financial institutions, governments and governmental agencies in a variety of areas relevant to major projects and project financing transactions (e.g., privatization, foreign investment, joint ventures, taxation, construction, government relations, property, industrial relations, environmental liability, litigation and arbitration). 
  • Insurance Coverage – Broad and Cassel attorneys are experienced in procuring comprehensive insurance coverage for construction projects, from builders risk and property coverage, to CGL and professional liability coverage; significant litigation experience in obtaining coverage and recovery in construction defect cases, casualties and other events, such as windstorm.
  • Contract Documentation - We provide clients with advice on the structuring of projects and risk allocation, the drafting and negotiation of construction and engineering contracts, including bid and contract conditions, warranties, bonds and associated commercial agreements such as joint venture documents. 
  • Claims Preparation and Submission - We assist in the preparation of a formal request for an equitable adjustment to the contract price or in the response to such a request, either during the project or at project completion. Claims may include an analysis of all pending and rejected change order requests and all delay related damages. 
  • Project Monitoring - We help project managers to properly document and respond to claims, making sure that field records documenting the causes of delay are kept and that costs are tracked.

Our construction legal team is enhanced by several Board Certified Construction attorneys, one who has practiced exclusively in construction litigation and construction law for more than 20 years and an attorney who serves as a Construction Arbitrator for the American Arbitration Association and has designed and constructed buildings for three 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.