Construction Litigation

We develop an understanding of our clients’ businesses and construction activities so that we can provide legal guidance through all phases of the construction process and beyond. As a result, we can assist our clients in making key decisions.

We can help clients implement standard industry-wide construction contracts or develop customized contracts that are clear and concise. After the contracts are executed and construction begins, we focus on what matters to the client by identifying, avoiding, and resolving issues and disputes as early as possible. We assist our clients in proactively managing risk in their construction business so that they can focus on completing projects, generating revenue, saving time and money, and reducing stress.

If litigation or arbitration is unavoidable, our construction attorneys are capable of representing clients in every legal forum, including federal and state courts, mediation, arbitration, and administrative agencies. If the client chooses to engage in formal litigation, our legal team is prepared and qualified to prosecute or defend the client’s interest completely and efficiently.

Our attorneys are at the forefront of the evolving regulatory framework which governs the construction industry. As a result, we possess in-depth knowledge of the legal issues affecting the industry, which allows us to quickly advise clients of new developments which may affect their businesses. Our lawyers are leaders in construction industry groups, including Associated Builders and Contractors, and legal committees, such as the Florida Bar Construction Law Institute, and the Construction Lawyers Society of America. These relationships provide us with opportunities to substantively contribute to the advancement of legislation concerning issues affecting our clients. For example, when reform was needed for the statute of repose and transparency of building permit fees, Dean Mead attorneys engaged in discussions with Florida’s legislators which facilitated new legislation. Such involvement enables us to provide clients with a unique perspective, which can be invaluable to their businesses.

Dean Mead’s Construction Practice Group attorneys counsel construction industry clients concerning:

• Contract Preparation, Review and Negotiation
• Construction Liens
• Bond Claims
• Delay Claims
• Design Professional Liability
• Construction Defect Litigation
• Dispute Resolution
• Contract Licensing
• Procurement
• Construction Lending
• Public-Private Partnerships (PPP)
• Bid Protests
• Insurance Related Issues
• Condominium and Homeowners Associations

Our clients

• Contractors and Subcontractors
• Project Owners and Developers
• Homebuilders
• Architects/Engineers
• Construction Managers
• Suppliers
• Sureties

Representative Services

• Customize AIA, ConsensusDocs and EJCDC contract documents to fit the needs of a specific project
• Draft construction contracts, subcontracts, general conditions and other front-end project documents
• Assist in the selection of the best project delivery systems
• Establish dispute resolution processes tailored to the project
• Resolve issues related to construction/mechanics’ liens, fraudulent liens, failure to apportion claims of lien, misappropriation of construction funds, payments by construction lenders and insurance proceeds
• Address issues related to Notices of Commencement, Notices to Owner, Claims of Lien, Contractor’s Affidavits, Sworn Statements of Account, Applications for Payment and Releases of Lien
• Prosecute and defend construction defect claims
• Prosecute and defend bond claims
• Prosecute and defend warranty claims
• Prosecute and defend claims for delay damages
• Resolve competitive bid disputes/protests
• Assist with construction licensing issues

Representative Matters

• Represented general contractor concerning dispute concerning payment construction services on Universal’s Volcano Bay.
• Represented mechanical subcontractor concerning delay claims related to construction of a $100+ million hospital renovation/addition.
• Represented the owner of a 32-story, apartment tower in Downtown Orlando in a $6 million dispute with a large general contractor concerning the close-out of a $160 million construction project.
• Represented a sign subcontractor concerning payments for construction services on Orlando City Soccer Stadium.
• Drafted and negotiated a complex construction contract for a $30 million 143,000 square ft. hospital neurological center in South Florida.
• Obtained a permanent injunction on behalf of the contractor against a former employee for an ongoing breach of non-compete/non-solicitation agreement.
• Represented the owner of two, luxury hotels in Orange County, Florida against a large general contractor and subcontractors in federal court concerning a $3 million claim for defective construction and repair of the fire safety system in over 1,500 hotel rooms.
• Negotiated construction contract for the Orlando Ballet’s new $12 million Orlando Ballet Centre.
• Represented a mechanical contractor concerning payment for construction services on the Orlando City Soccer stadium.
• Represented an Orange County municipality concerning breach by a general contractor of a contract for construction of a road.
• Represented an Orange County municipality in a dispute concerning defective construction and delay claims resulting from the construction of a lift station, water main, force main and gravity sewer line.
• Negotiated a joint venture agreement between the general contractor and electrical contractor concerning construction of a major theme park attraction in Orlando, Florida.
• Represented the contractor in litigation concerning non-payment for construction work from a large timeshare condominium development in Orange County, Florida.
• Drafted construction contracts for numerous contractors, subcontractors and developers.
• Represented a large financial institution in a dispute with a general contractor involving lender liability claims for ceasing disbursement of construction loan funds.
• Represented a developer of a luxury, high-rise, waterfront condominium concerning defective design and construction of fountains, driveways and common areas.
• Represented the manufacturer of roofing products against a Downtown Orlando high-rise, condominium association concerning multi-million dollar defective construction and warranty claims.
• Represented a national law firm in an alleged legal malpractice claim concerning a contractor’s filing of a fraudulent construction lien.
• Represented a real estate investor in litigation involving alleged fraud in the inducement for failure to disclose latent defects in the sale of a large apartment complex.
• Resolved a dispute between owners of a joint venture established to develop a 310 acre parcel of real estate.
• Resolved a contract dispute between an engineering firm and developer concerning site work for a retail/commercial center.
• Represented a general contractor concerning a dispute with a subcontractor involving alleged defective work on large retail center.