Construction

Whether your project is large or small, the attorneys in Shutts & Bowen’s Construction Practice Group will help to protect your business interests in and out of court. We assist our clients in every segment of the construction industry, from negotiating contracts, managing risks, or resolving disputes to helping to get challenging projects structured, approved and completed. Regardless of the scope or size of your matter, our construction attorneys are prepared to resolve virtually any construction-related legal issue that you may face, including traditional lien and payment disputes, all the way up to the handling of high-profile construction disputes involving “bet-the-company” litigation.

The Construction Practice Group counsels clients in all phases of public and private construction contracting and dispute resolution, including: licensing; compliance; bid protests; contract drafting, negotiation and enforcement; claims notice and preservation; and, litigation and arbitration of claims. 

Multiple attorneys among the Construction Practice Group are Florida Bar Board Certified in Construction Law, with many individuals being consistently recognized for their legal capabilities by prestigious organizations such as Chambers USA, Best Lawyers in America®, Martindale-Hubbell, Florida Super Lawyers, Florida Trend’s Legal Elite and U.S. News & World Report.

Our attorneys frequently speak, write, serve in leadership positions and serve as adjunct professors teaching others about issues affecting the construction industry. They have presented before the Associated Builders and Contractors, Associated General Contractors, National Association of Home Builders, American Society of Highway Engineers, American Society of Civil Engineers, Florida Transportation Builder’s Association, Florida Refrigeration and Air Conditioning Contractor’s Association, Florida Swimming Pool Association, Greater Orlando Builders Association, Florida Engineering Society, the University of South Florida’s College of Engineering, the University of Florida’s Rinker School of Construction Management, the University of Florida’s Levin College of Law, Stetson Law School and Broward Community College.

Experience

Our construction attorneys counsel public and private owners and developers, contractors and subcontractors, homebuilders, design professionals, suppliers and manufacturers, sureties and insurance companies, construction firms, engineers, and other building professionals, regarding all aspects of the construction business including contractual rights and obligations, risk mitigation, arbitration, mediation and litigation matters. Attorneys in Shutts’ Construction Practice Group have extensive trial and arbitration experience, including having successfully handled some of the largest and most significant construction matters through judgment, verdict or award in State and Federal jury and bench trials as well as various arbitration tribunals.

Our attorneys represent construction industry clients in different types and magnitudes of matters and do not implement a one-size-fits-all approach. While some matters relate to modest payment disputes or deficiency claims, other matters involve issues with tens to hundreds of millions of dollars at issue. Each matter and client is unique, however, and requires customized planning and management. Our attorneys tailor their handling of matters efficiently and appropriately to serve each client’s interests. 

Our construction attorneys have managed and litigated claims relating to:

• Design errors and omissions;
• Delay and acceleration damages;
• Bonds and Liens;
• Public/Government contracts and bid protests;
• Professional negligence, discipline and licensure issues;
• Violations of Building Codes and the Americans with Disabilities Act;
• Construction and Materials/Product defects;
• Fraud and civil RICO;
• False Claims Act and other governmental investigations;
• Catastrophic Personal Injuries; and
• Wrongful death.

They also prepare contracts, agreements, and subcontracts for established and emerging project delivery methods (traditional, CM, fast-track, multi-prime, phased, public-private partnerships, Design Build, Engineering Procurement and Construction), as well as architectural, engineering, and professional service consultant agreements. Our contract drafting and negotiation experience includes custom, AIA and other industry form agreements.

Our construction attorneys have experience across a broad spectrum of practice areas and regularly work in tandem with other practice groups to effectively counsel clients on matters involving government relations and contracting, project financing, debt and equity structuring, environmental compliance, land use and zoning, permitting, licensing and bid protests, establishing companies as qualified Minority Business Enterprises (MBEs) and/or Disadvantaged Business Enterprises (DBEs), among other issues. The varied life and career experience of many of our construction attorneys gained outside of the practice of law has proven invaluable to our clients. The Construction Practice Group has attorneys with experience in accounting, construction licensure boards, development, project management, project financing and lending, construction of various types of projects, U.S. Green Building Council LEED Accredited Professionals and those who have family members that are actively involved in the construction industry.