Real Estate Development and Construction

When it comes to construction litigation, we have represented local, regional, and national companies throughout the industry, including owners, residential and commercial real estate developers, construction general contractors, special trade contractors and subcontractors, design professionals, architects, engineers and materials suppliers. We have litigated construction claims in state and federal courts and in a variety of arbitration forums.

The following is an overview of who Jimerson & Cobb’s construction law team represents and the services we are able to provide:

General Contractors, Subcontractors & Suppliers

  • Construction litigation (lien foreclosure and priority, prompt payment law, change order disputes, retainage disputes, surety claims, delay claims, defect claims)
  • Administrative representation in licensure and permitting matters
  • Construction contract drafting and review
  • Interruptions and cessation of work
  • Pay-when-paid clause litigation
  • Change order negotiation, including scope disputes
  • Property damage claims
  • Warranty and punch list administration representation
  • Collections and issues pertaining to payment outside of lien/bond law
  • Creditors’ rights in bankruptcy
  • Defective construction and design claims
  • Time-related damage claims including delay, acceleration, and lost productivity
  • Contractually stipulated damages disputes
  • Differing site condition issues
  • Environmental disputes
  • Construction lien noticing, recording and lien waivers/releases
  • Private construction project bond claims
  • Public construction project bond claims
  • Minority business certification and denial appeal
  • Advance payment procedures
  • Construction insurance coverage disputes

Developers/Owners (both public and private)

  •  Defective construction and design claims (design errors and omissions)
  •  LEED building design and build
  •  Change order negotiation, including scope disputes
  •  Buyer rescission claims
  • All construction litigation defense (lien foreclosure and priority, prompt payment law, change order disputes, retainage disputes, surety claims, delay claims, defect claims)
  • Construction contract drafting and review- AIA contracts, ConsensusDOCs and other standard industry form contracts, as well as custom contracts.
  •  Property damage claims
  •  Warranty and punch list administration representation
  •  Defective construction and design claims (individual and class action basis)
  •  Time related damage claims including delay, acceleration, and lost productivity
  • Contractually stipulated damages disputes
  •  Differing site condition issues
  •  Environmental disputes
  •  Construction bonding
  •  Construction insurance coverage disputes

Homebuilders

  • Defective construction and design claim defense
  •  Issues pertaining to payment or construction litigation
  •  Administrative or regulatory representation in licensure and permitting matters
  • Construction contract drafting and review
  •  LEED building design and build
  •  Purchase and sale transactions or litigation
  •  Construction contract drafting and review
  •  Construction bonding
  •  Construction insurance coverage disputes

Condominium Associations

  • Defective construction and design claims
  • Disputes with developers and owners
  •  Warranty claims
  • Assessment collection and delinquent unit foreclosure
  •  Fiduciary duty disputes and other violations of Florida Condominium Act
  •  Breach of Declaration of Condominium claim defense

Sureties

  • Payment and performance bond claims
  • Assist sureties, contractors and obligees in the full range of performance bond issues arising, both prior to and following default and termination, and throughout the completion process
  •  Indemnity and recovery litigation
  •  Work in conjunction with experienced design and construction consultants to evaluate work in place and to be performed, negotiating completion agreements, preparing re-let packages, monitoring completion work, applications for payment, and defense of claims
  •  Subrogation, delay and warranty claims

We are able to assist with all phases of a construction project, from design and planning, to contract negotiation, preparation, bidding and review, construction, E&O defense, insurance coverage counseling and claims, project close out, surety/bond issues, litigation, and dispute avoidance and resolution. Our litigation focus keeps in mind overall business goals in the construction process and have your company’s risk minimized in the event a dispute arises.

 

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