Jonathan Hempfling and Gil Singer are skilled real estate and construction defect lawyers. They have represented commercial and residential real estate owners and developers, lenders and borrowers, purchasers and sellers, landlords and tenants, and others in complex real estate, construction, and redevelopment disputes involving hotels, condominiums, residential development projects, commercial buildings, shopping malls, industrial projects, and related real estate sales. They are ready to handle construction and design defects, contractor non-performance, project delays, change order disputes, billing and payment challenges, bond and lien issues, insurance coverage and claim disputes, and related indemnity and contribution claims involving primary contractors, subcontractors, suppliers, engineers, architects, and other design professionals. Florida Business Litigation, a Division of Marcadis Singer PA, will aggressively, intelligently, and efficiently represent you in your construction claim, whether it involves architectural and engineering errors, construction errors by general contractors and subcontractors, or defective and deficient products and supplies provided by third-party vendors. We relentlessly advance your interests from pre-litigation counseling and negotiations to mediation proceedings, pre-trial discovery and motions, mini-trials, and full multi-party trials when necessary or appropriate.

Commercial Real Estate and Construction Litigation Quick Links

Construction Litigation

Construction Litigation

• Defective piping;
• foundation cracking due to expansive soils;
• defective roof and deck construction;
• deficient construction and installation of entry doors, sliding glass doors, and windows;
• improper waterproofing;
• deficient exterior wall, exterior door, and window construction;
• deficient construction and installation of drywall;
• violations of building codes; deficient construction of the common areas;
• deficiencies related to roofs, framing, sheet metal, stucco, and landscaping;
• latent defects relating to improper flashing and waterproofing and sealing;
• drainage/irrigation problems;
• cracking and settlement of concrete slabs;
• defective foundation work;
• and many other design and construction defects relating to plumbing, electrical, air ventilation systems, and mechanical systems.
• design professionals’ professional negligence (both architects and engineers)
• claims for shoddy work (contractors and subcontractors)
• claims for shoddy products (material suppliers)

• claims for delays (caused by the owner, the owner’s representative(s), the contractor, and/or a subcontractor) (both claims for payment of sums promised in the construction contract and claims for the payment of additional sums due to changes in the scope of the work)

• claims against payment bonds issued by surety companies to ensure the payment of payments due subcontractors and others

• the enforcement of mechanic’s liens (contractors, subcontractors, and material suppliers)

• Claims against surety companies’ performance bonds, which guarantee that the work will be completed.

   

In a construction dispute, the typical stakeholder plaintiff seeks monetary damages for economic losses incurred as a result of the defendant’s illegal activity (breach of contract, negligence, etc.). Construction employees or third parties as plaintiffs in some construction disputes seek damages for personal injuries caused by unsafe workplaces and working conditions. These cases necessitate a review of the Occupational Safety and Health Administration’s (OSHA) workplace safety laws and regulations, as well as common law standards of care for workers and practices in certain construction areas.

Construction claims can be brought in a variety of venues, including federal and state courts. Government projects may also be subject to exclusive jurisdiction by federal and state courts of claim or claims commissioners. Because construction contracts generally mandate mandatory arbitration, administered by a recognized provider such as the American Arbitration Association, pursuant to particular rules published by the arbitration service provider, arbitration is frequently the needed forum for private projects. Many construction contracts also include a need for mandatory mediation as a condition precedent to the filing of a lawsuit or arbitration.

Commercial Real Estate Litigation

We have successfully prosecuted and defended real estate and construction claims based on, among other causes of action and legal theories of recovery, the following:

• Breach of Express Contract;
• Breach of Implied Contract;
• Breach of Express Warranties;
• Breach of Implied Warranties;
• Strict Liability;
• Negligence;
• Negligent Misrepresentation;
• Intentional Misrepresentation;
• and Express and Implied Indemnification

The real estate and construction litigators at Florida Business Litigation, a Division of Marcadis Singer PA, have successfully handled proceedings in both state and federal court and alternative dispute resolution forums such as binding arbitration and non-binding mediation.

While Florida Business Litigation has had great success in traditional and evidentiary mediations, they are also prepared to try any case before a judge, jury, or arbitrator.

The mission of Florida Business Litigation, a Division of Marcadis Singer PA, is always to achieve the best possible result at the lowest possible cost.

Florida Business Litigation, a Division of Marcadis Singer PA, has developed a winning combination of trial and business acumen and substantial insurance coverage expertise to achieve successful resolutions in the most difficult cases in complex construction, redevelopment, and real estate litigation. Gil Singer and Jonathan Hempfling, Florida construction defect litigators and real estate trial attorneys, will use their experience, determination, tenacity, and intelligence to win for you time and time again.

Construction Litigation

Construction Litigation entails representing stakeholders in a governmental, commercial, or residential construction project. Owners, contractors, subcontractors, material suppliers, architects, engineers, construction managers, construction lenders, developers, investors, insurers, and/or bonding companies are some of the most common stakeholders.

Construction lawsuits cover a wide range of claims, although the majority are based on contract breaches, negligence, and/or professional negligence. Typically, construction litigation attorneys prosecute or defend claims for:

* design professionals’ professional negligence (both architects and engineers)

* claims for shoddy work (contractors and subcontractors)

* claims for shoddy products (material suppliers)

* payment claims

* claims for delays (caused by the owner, the owner’s representative(s), the contractor, and/or a subcontractor) (both claims for payment of sums promised in the construction contract and claims for the payment of additional sums due to changes in the scope of the work)
* claims against payment bonds issued by surety companies to ensure the payment of payments due subcontractors and others

* the enforcement of mechanic’s liens (contractors, subcontractors, and material suppliers)

* Claims against surety companies’ performance bonds, which guarantee that the work will be completed.

In a construction dispute, the typical stakeholder plaintiff seeks monetary damages for economic losses incurred as a result of the defendant’s illegal activity (breach of contract, negligence, etc.). Construction employees or third parties as plaintiffs in some construction disputes seek damages for personal injuries caused by unsafe workplaces and working conditions. These cases necessitate a review of the Occupational Safety and Health Administration’s (OSHA) workplace safety laws and regulations, as well as common law standards of care for workers and practices in certain construction areas.

Construction claims can be brought in a variety of venues, including federal and state courts. Government projects may also be subject to exclusive jurisdiction by federal and state courts of claim or claims commissioners. Because construction contracts generally mandate mandatory arbitration, administered by a recognized provider such as the American Arbitration Association, pursuant to particular rules published by the arbitration service provider, arbitration is frequently the needed forum for private projects. Many construction contracts also include a need for mandatory mediation as a condition precedent to the filing of a lawsuit or arbitration.