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Attorneys
Steven B. Lesser*
Chair
Lee A. Weintraub*
Vice Chair
Perry M. Adair
Michele Ammendola
Belinda A. Bacon*
Alan S. Becker
Herbert O. Brock, Jr.*
Ryan F. Carpenter
William J. Cea*
Thomas J. Code*
Chris Alan Draper
Astrid Guardado
Kenn W. Goff
Marlene L. Kirtland
Sanjay Kurian*
Allen M. Levine
Neil H. Levinson*
Edward C. Lohrer
Robert J. Manne
Aaron J. Pruss
Gary C. Rosen
Mark J. Stempler
William H. Strop
Michael R. Whitt
* Board Certified in Construction Law
by the Florida Bar
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With one of the largest, dedicated teams of Board Certified Construction Attorneys (Board Certified by the Florida Bar) in Florida, Becker & Poliakoff's Construction Law Practice Group is well known for its knowledge of the Construction industry and experience effectively protecting the interests of its clients. The Firm has handled numerous and varied construction-related cases, many of which have involved extremely complex issues with a multitude of defendants and scores of construction defects. Our construction attorneys represent clients in both transactions and disputes ranging from single and multi family dwellings to large commercial buildings, planned unit developments, retail, industrial and governmental projects.
Areas of Specialized Knowledge
The Firm prides itself on careful, upfront analysis of complicated delay claims in order to identify a client's potential exposure. Becker & Poliakoff‘s Construction Law Practice Group has vast experience in the representation of property owners, developers, homeowners, contractors and subcontractors, design professionals, materials manufacturers in connection with construction of high rise and other residential developments, condominium conversions of older rental property, commercial property, mixed use projects and governmental buildings focused in these areas:
- Construction defects and deficiencies relating to residential and commercial construction
- including roofing defects, water intrusion, structural life safety issues;
- Construction Delays;
- Liens;
- Hurricane Recovery & Rebuilding;
- Insurance Coverage Disputes – negotiations and resolution of insurance claims relating to rebuilding;
- Mold and Mildew claims;
- Construction Contracts and related documents including loan documentation
Significant Cases
The Firm has been a leader in Construction law in Florida as evidenced by serving as counsel of record in many of the leading appellate cases involving construction law including, but not limited to, the following:
Moransais v. Heathman, 749 So.2d 973 (Fla. Supreme Court): This Florida Supreme Court overturned it's previously held view of the Economic Loss Doctrine providing that any aggrieved party may recover damages from a design professional based on negligence, without the economic loss rule acting as a bar to such claims. This historic case reversed a trend in the courts that prohibited those not in privity with homeowners, including condominium associations, from suing design professionals for damages resulting from their negligent conduct.
Edward J. Seibert, A.I.A., Architect & Planner, P.A. v. Bayport Beach & Tennis Club Association, Inc., 573 So.2d 889, 892 (Fla. 2d DCA): The Court held that design professionals that acquire approval before construction are considered to have complied with the applicable standard of care. However, this approval may be successfully challenged if it can be demonstrated that the approval was "clearly erroneous." This case's significance is that design professionals are held liable for damages when their building plans contain details that fail to comply with the applicable building code.
Grossman Holdings Ltd. v. Hourihan, 414 So.2d 1037 : When construction or design defects in real property cannot be corrected, or when the cost of remedying such defects would be greater than the value of the property, the measure of damages is the "diminution of the value of the property." This case is important because it provided for a measure of damages that a homeowner could recover for defective construction.
Munder v. Circle One Condominium, Inc., 596 So.2d 144 (Fla. 4th DCA): In this critical case, the Court found no basis for piercing the corporate veil where developer made a conscious business decision not to renew a fire insurance policy on the condominium clubhouse as opposed to neglecting to pay the premium. This case confirmed the duty of a condominium developer to ensure that appropriate insurance coverage would be acquired for condominium associations.
Drexel Properties, Inc. v. Bay Colony Club Condominium, Inc., 406 So.2d 515 (Fla. 4th DCA), disapproved in part 620 So.2d 1245: The Court affirmed an award of damages based on a breach of implied warranty. This case firmly established the rights of condominium unit owners for breach of common law implied warranties by developer/builders in Florida and is one of the most widely cited cases in condominium construction law.
Stone's Throw Condominium Association, Inc. v. Sand Cove Apartments, Inc., 749 So.2d 520 (Fla. 2d DCA): Condominium association has cause of action to recover economic damages from design professional based on cause of action for negligence. This case is significant because it was the first appellate decision to be issued after the Florida Supreme Court issued its decision in Moransais v. Heathman dealing with the application of the Economic Loss Doctrine.
Vantage View Inc. v. Bali East Development Corp., 421 So.2d 728 (Fla. 4th DCA):In this case, the Association successfully stated a cause of action against developer parent corporation for the acts of its subsidiary where subsidiary was found to be without any separate interests of its own, functioning solely to achieve the parent corporation's purposes and to mislead creditors and avoid liability. This case affirmed that the pleadings successfully established a viable cause of action against condominium developers for breach of implied warranties.
The Firm has represented The School Board of Broward County (SBBC) since 1994. We are retained to resolve numerous delay and defect claims, redraft construction-related contracts, prevent future claims and, when necessary, file suits against the District's vendors. The Firm's experience representing SBBC includes cases ranging from disputes for time and money to correction of warranty work by general contractors from whom retainage was being withheld. The Firm successfully defended the SBBC on numerous claims for millions of dollars. In addition, the Firm has been responsible for completely overhauling and redrafting its construction contracts to avoid some of the problems the District had been litigating with architects, engineers, and contractors.
Procurement of Goods, Services, Concessions By Governments
Several attorneys in our Firm have substantial experience in all aspects of drafting, negotiating, lobbying, and litigating procurement matters, including invitations for bids, requests for proposals, design-build contracts, change orders, bid disputes and payment and performance bond claims. Governmental entities, at all levels, purchase hundreds of thousands of dollars worth of goods and services from outside vendors. Everything from printing services, bus benches, garbage hauling, water-sewer expansions, concessions, to construction projects and much more are procured by government agencies. Becoming a government vendor can be very profitable for private companies who understand the complexities and nuances of governmental contracting.
Government procurement is a highly specialized area of the law for several reasons: each public body has a unique set of rules and regulations governing their procurement process which must be followed precisely; and often require extraordinary documentation in very short timeframes to submit, petition or protest an award. Thus, our experience in government procurement and insider's knowledge of the governmental process is vital for our clients who do business with governments and rely on our knowledge, contacts, responsiveness and determination to get the job done. Our attorneys have extraordinary insights into the Request for Letter of Interest (RLI) and Request for Proposal (RFP) processes used by most state, local and quasi governmental entities in Florida. Our attorneys have provided strategic and political advice, on call lobbying, and helped draft responses for literally hundreds of winning concessions, and contracts bids. We also have a successful record throughout Florida in helping clients win multi-million dollar concessions and contracts for food, retail, duty free, billboards, bus benches, for hire transportation, shuttle services, luggage wrapping, luggage carts, currency exchange, phone cards, hotels, construction and engineering services, etc.
Services Offered on Procurement
- Representation in government procurement process, including assistance in review and submittal of bids and responses to requests for proposals, requests for qualifications, requests for letters of interests, and other public solicitations;
- Monitoring/notification/assistance with review of public advertisements and availability of public project;
- Placement on public vendor list with purchasing divisions for government agencies;
- Review of terms and conditions of advertisements for government contracts;
- Review of submittal requirements set forth in procurement documents;
- Assistance in preparation and review of bids, proposals, qualifications, and letter of interest in government contracts;
- Government relations activities to lobby and interact with government officials to further clients' goals;
- Advisement as to applicable statutory and administrative rights and remedies – re: qualification, ranking, award, and protest in government contracts;
- Intervention in challenging government agency actions, preparation of protest petitions, and representation of clients in all phases of contract awards, including qualifications, rankings, and contract negotiations;
- Intervention in defense of awards challenged by competitive bidders or third parties;
- Negotiation with government agencies re: resolution of government contract disputes;
- Representation in negotiating final contracts pursuant to government contract awards, including issues such as terms of payment, contractual liability, or insurance coverage and other mandatory contractual provisions;
- Assistance with development and maintenance of governmental contract relations.
Industry knowledge
In addition to Board Certification by several attorneys, our Construction Law Practice Group members are well known in their field. They are frequent lecturers to industry groups and provide continuing education to contractors and property managers. They have authored numerous articles on varied topics pertaining to construction law in trade and mainstream media. They actively participate in the construction industry's professional and trade associations including ABA Forum on the Construction Industry, Owners and Lenders Division, Florida Bar Real Property Section, Women In Construction, Association of General Contractors, Construction Financial Management Association and others. Most of the Construction attorneys practice exclusively in this highly specialized area of the law. The Firm regularly sponsors seminars for its clients and others to help educate them about claims avoidance techniques and new developments in the law.
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