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  • Represented a Florida company in a false advertising claim in federal court asserting claims against a competitor and defending against a counterclaim accusing the client of falsely representing the composition and performance of its flagship fiel improvement product. The counterclaim was the primary focus of the case. After a 3-week jury trial, the jury found that our client did not engage in false advertising. No damages or injunctive relief was awarded.
  • Represented a tenant of a 94-year lease in litigation involving a dispute relating to a 99 Year Lease, a 94 Year (sub) Lease, and a sub-sub lease, encumbering valuable, real property in Miami-Dade County, Florida.This case involved unique issues of law that had not been addressed in Florida, to wit: whether a judgment of possession obtained by a master lessor against its lessee (which is not the tenant in possession) in a proceeding in which the other lessees are not named as parties) terminates the master leases and the subleases thereunder.We obtained a summary judgment on a declaratory judgment claim in favor of our client and against the master lessor that the judgment of possession did not terminate the master lease and the subleases thereunder.
  • Obtained a $45 million judgment in a highly complex commercial mortgage foreclosure case in Florida state court on behalf of a leading Florida banking institution against a borrower and his development entities after a multi-day, trial, and successfully defeated $100 million in counterclaims against the bank, its parent company and the senior executives alleging breach of construction loan agreements, breach of fiduciary duty, fraud, negligent misrepresentation and violation of the anti-tying provisions of the Bank Holding Company Act.
  • Represented a mid-sized bank foreclosing a commercial mortgage, seeking to recover millions of dollars in damages for breach of promissory notes, and enforcing personal guaranties, as well as defending counterclaims alleging that the bank violated the Equal Credit Opportunity Act.We obtained a final judgment in favor of our client of all affirmative counts, a judgment of no liability on the counterclaim, and a $13 million deficiency judgment.We also successfully won the appeal.After obtaining the deficiency judgment, we utilized creative and aggressive creditor’s rights and remedies, including attachment and garnishment, and initiated proceedings supplementary, all of which resulted in a significant recovery for our client on the deficiency judgment.
  • Represented a Florida bank prosecuting a multi-million commercial foreclosure case, and defending the bank from counterclaims alleging usury and civil remedies for criminal activities.After trial, we obtained a judgment of foreclosure, a multi-million deficiency judgment against the guarantor, and a judgment of no liability on all of the counterclaims.
  • Defended a Florida financial advisory and wealth management firm in an arbitration brought by a customer claiming unsuitability of investments, negligence, breach of fiduciary duty and breach of contract.Case settled favorably for our client.
  • Represented a prominent Florida bank in a Florida state court suing to recover loan proceeds arising from a written loan participation agreement with another bank.The case settled favorably at mediation.
  • Defense of an $18 million claim against a professional engineer and mold assessor by an owner alleging deficiencies in the design and implementation of a mold remediation protocol necessitated by water intrusion allegedly caused by poor roofing installation and repairs. The case settled on terms very favorable to our clients. Our clients' contribution to the settlement of the case was nuisance value.
  • Defense of a general contractor in a lawsuit by the Sheriff of Broward County claiming $13 million due to an alleged delay in constructing a jail. The trial court dismissed the action with prejudice. The appellate court affirmed the dismissal of the case with prejudice.
  • Prosecution of claims for wrongful termination of a contract to build a jail and defense of a builder and surety of counterclaims for alleged defective work, work not done, and delay damages. After being heavily litigated, the case settled in favor of our client for more than $2 million.
  • Prosecution of an owner's claims against an architect and architecture firm for negligence and breach of contract in connection with a certification that an apartment complex was in compliance with federal, state and local building, zoning and housing codes, laws, ordinances and regulations, including those relating to the accessibility by persons with disabilities, including the Fair Housing Act, the portions of the Americans with Disabilities Act pertaining to accessibility, and the Florida Accessibility Code. We obtained a very favorable settlement for our client without having to proceed to trial.
  • Defending against multiple subcontractor and material supplier lawsuits relating to a public works project. All cases were successfully resolved at discounted damage amounts.
  • Defended a general contractor and developer from multiple related lawsuits in various court asserting payment bond claims under the federal Miller Act and contract claims arising out of the construction of a Veterans Administration Hospital. The claims ultimately settled on beneficial terms to our clients and enabled them to achieve their business goals with respect to the project.
  • Prosecution of an owner's contract and construction defect claims against a contractor and defense of contractor's lien claims. We obtained a very favorable monetary settlement for our client.
  • Defense of a developer faced with significant potential liability for alleged construction defects in a high-rise condominium. The claims were settled on terms very favorable to our client.
  • Prosecution of a material supplier's claims against an owner and defense of an owner's contract, quasi-contract and implied warranty counterclaims. The case ultimately settled on terms very favorable to the client and exceeding the client's original objectives.
  • Represented a South Florida developer in the defense of a multi-million lawsuit brought by a homeowner’s association, which alleged construction defect claims, including claims relating to roofs, stucco and common area infrastructure.
  • Represented the developer of a luxury, high-rise condominium in Fort Lauderdale against the general contractor hired alleging claims for construction delays, contractual warranty claims, construction defect claims and breach of contract claims.
  • Represented a Florida developer in the defense of a claim by a Miami condominium alleging a defective fire sprinkler system caused major flooding, roof failures and mold.
  • Represented owners of a luxury home and property in Palm Beach County against the builder for water intrusion, mold and significant structural issues.
  • Represented the owner of an award-winning home in Southwest Florida against a general contractor, roofer and HVAC contractor for improper installation of the roofing components and HVAC units.
  • Martindale-Hubbell, AV® Preeminent™ rated
  • Editorial Board, Law 360, Banking
  • Pro bono representation of Jack & Jill Children's Center, Inc. in dispute over design/build and certification for playground. 
  • Member of numerous construction related legal associations, including The Florida Bar, Section on Real Property and Trust Law, Construction Law Committee; the Construction Law Committee and the Trial Practice Sections of the Broward County Bar Association; and the American Bar Association (ABA) Committee on Construction Litigation of the Section of Litigation
  • Graduate and member of the Greater Fort Lauderdale Chamber of Commerce's Leadership Fort Lauderdale, Class XIII

Law360, "Protecting Your Construction Site During Hurricane Season"

May 31, 2018

Doing Business in Florida, "Turning Off the Spigot of Damages in Construction Cases: The Doctrine of 'Avoidable Consequences'"

February 15, 2018

Hurricane Preparedness Week

June 12, 2017

Doing Business in Florida, "It's Time to Batten Down the Construction Site in Anticipation of Severe Weather"

June 6, 2017

Doing Business in Florida, "Legislation to reform Florida's Construction Defect Law Die in Florida Legislature"

May 8, 2017

Doing Business in Florida, "Legislation to Overhaul Florida's Construction: Defect Law Moving Through the Legislature"

April 17, 2017

Doing Business in Florida, "Florida's Construction Defect Statute: Renovation Begins Again"

March 1, 2017

Doing Business in Florida, "'Frustration' in the Florida Appellate Court: A Commercial Landlord's Battle to Defeat a Tenant's Excuse for Non-Performance"

February 20, 2017

Doing Business in Florida, "Forever Barred? Does Sending a Pre-Suit Notice of Construction Defects Prevent Dismissal of a Lawsuit Based on the Statute of Repose"

February 13, 2017

Doing Business in Florida "Is Your Competitor Making False Comparative Advertising Claims?"

December 1, 2016

Doing Business in Florida "Is a Property Owner Required to Accept Its Contractor's Offer to Repair Construction Defects"

November 8, 2016

Daily Business Review, "As New Condos Rise, Will There Be a Surge in Construction Defects Suits?"

October 4, 2016

Construction Today, "Responding to Default Notices"

September 20, 2016

Doing Business in Florida, "As New Condominiums Rise in Florida, Will There Be a Surge in New Construction Defects Suits?"

September 6, 2016

Doing Business in Florida, "Does Your Construction Contract Provide for a "Project Neutral" to Resolve Disputes?"

July 1, 2016

Doing Business in Florida, "Has the 90-Day Deadline to Record a Florida Construction Lien Started Ticking?"

May 10, 2016