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Florida Construction Defect Litigation

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Gary Brown


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Construction defect claims cover a wide spectrum of issues and can involve multiple parties responsible for both construction and design errors.

Florida Construction Defect Litigation covers a variety of topics and issues, including the legal frame-work within which construction defect claims are addressed, typical claims and defenses, contractual considerations, standards of care for contractors and design professionals, the applicability of insurance and surety bonds, the role of experts, arbitration of claims, and finally meditation of construction claims.

For:
  • Architects and engineers
  • Developers, owners, and contractors
  • Real estate and construction attorneys
  • Personal injury attorneys
  • Mediators
  • Insurance defense firms
  • Insurance and surety companies
  • Libraries (both legal and public)

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  • Brand: Daily Business Review (FL)
  • Product Type: Books
  • Edition: 2019
  • Page Count: 460
  • ISBN: 978-1-62881-590-0
  • Pub#/SKU#: FLCDL19
  • Pub Date: 03/28/2019

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  • Gary Brown

Gary Brown is a partner in the Fort Lauderdale office of Saul Ewing Arnstein & Lehr LLP and is a member of the firm’s Construction Practice Group. He is Board Certified by The Florida Bar in Construction Law. He practices in general commercial and business litigation, handling both complex and routine matters for clients with special expertise in construction-related matters.

Gary has practiced law since 1995 in state and federal trial and appellate courts throughout Florida, where he has gained extensive experience in both trial and arbitration proceedings.

Gary’s construction litigation experience is primarily on the general contractor and subcontractor side, and includes representing owners with defect, lien, non-payment or other claims involving contractors and lower-tiered subcontractors. His owner-side representation also includes assisting municipalities and local governments in all aspects of public work projects, from writing invitations for bids, requests for proposals, requests for qualifications, construction and design contracts, to carefully navigating through often difficult ongoing project disputes that jeopardize the proper and timely completion of the work to successful project close-out.

Gary’s construction litigation experience has involved the successful representation of large institutional owners, municipalities, general contractors and major subcontractors in the prosecution and defense of multi-million dollar wrongful termination, construction defect, and insurance coverage claims, as well as bid protests on multi-million dollar public works projects. His commercial litigation experience has involved the successful representation of privately held companies in shareholder derivative suits over corporate restructuring and sale of company shares; and a local title company in the defense of multi-million dollar claims by a national institutional lender for an alleged loan-kiting scheme.


Chapter 1: The Usual Suspects:Typical Construction Claims and Defenses........................................................................... 1

Chapter 2: Key Contractual Provisions.................................................. 87

Chapter 3: Standards of Care............................................................... 101

Chapter 4: Finding the Money: Insurance and SuretyBond Considerations................................................................................ 107

Chapter 5: The Role of Experts............................................................ 161

Chapter 6: Arbitration of Claims.......................................................... 181

Chapter 7: Mediation of Construction Claims: A Mediator’s Perspective................................................................. 207

Chapter 8: Damages............................................................................ 225

Appendix A: Amendments to Fla.Stat. § 558.................................... 241

Appendix B: Contract Provision Excerpts............................................ 249

Appendix C: American Arbitration Association Construction Industry Arbitration Rules and Mediation Procedures
(effective July 1, 2015) ….................................................................. 265

Appendix D-1: JAMS Engineering and Construction Arbitration Rules & Procedures
(effective November 15, 2014) …....................... 321

Appendix D-2: JAMS Engineering and Construction Arbitration Rules & Procedures for Expedited Arbitration
(effective February 2015).................................................................. 351

Appendix E: The Continued Applicability of Daubertin Florida in Light of In re Amendments to Florida Evidence Code,
210 So. 3d 1231, 1239 (Fla. 2017)...................................................... 383

Table of Cases.................................................................................... 395

Index....................................................................................433