SERVICES

Our attorneys have worked in the construction industry, and draw on that experience in developing practical and effective strategies to address our clients’ needs in a wide range of real estate and construction disputes.  

PRACTICE AREAS

Real Estate and Construction Litigation

Overview

Stumphauzer, Foslid, Sloman, Ross & Kolaya have extensive experience representing our clients in a wide range of real estate and construction disputes. Our attorneys have worked in the construction industry, and draw on that experience in developing practical and effective strategies to address our clients’ needs.  When a dispute arises, we work closely with our clients to address the issue and resolve the dispute before it ends up into litigation.  When litigation is unavoidable, our litigators serve as effective advocates for our clients in federal and state courts, as well as arbitration proceedings.

Real Estate Litigation

Our real estate litigators regularly interact with our clients during the process of negotiating agreements to assist with dispute avoidance strategies before the deal is finalized. When a dispute arises, we work with our clients to determine the most effective way to achieve the client’s goals and resolve the dispute.

We have represented individuals and companies on all sides of real estate disputes, including developers, buyers, sellers, adjacent property owners, landlords, tenants, lenders, borrowers, managers and general partners, investors, brokers and agents, mortgagees, and condominium associations.  Our experience and expertise reaches all types of real estate disputes, including: brokerage commissions disputes; disputes over purchase and sale agreements, including actions seeking money damages and to compel performance; environmental issues; insurance disputes; land use and zoning disputes, including issues relating to land use approvals and permits; leasing and other landlord-tenant disputes; mortgage foreclosure actions; partnership disputes; premises liability actions; title issues, including disputes over access, easements, licenses, and adverse possession; and warranty issues.

Construction Litigation

We understand the complexities involved in construction projects and work with our clients to avoid disputes, where possible, by reviewing, drafting, and helping to negotiate clear and understandable construction contracts.  When a dispute does arise, we work closely with our clients to try to resolve the matter before the matter ends up in a costly and time-consuming litigation.  And, when necessary, our team of experienced trial lawyers are prepared to litigate and try your case to verdict.

We have represented parties on all sides of construction disputes, including owners, contractors, manufacturers, and design professionals.  Our clients are involved in public and private sector construction, and their projects include mixed-use, commercial, industrial, multi-family, and single-family developments.  We have litigated a wide range of construction-related disputes, including: breach of contract, default, and termination actions; building code violations; change directives and change orders; defective materials and workmanship issues; delay claims; environmental issues; insurance coverage issues; lien, bond, and payment claims; public bidding and bid protest matters; violations of the Americans with Disabilities Act and Fair Housing Act; warranty issues; and wrongful death actions.

  • Represented several national and regional homebuilders in multiple state and federal court lawsuits involving allegedly defective Chinese-manufactured drywall, including in In Re Chinese Manufactured Drywall Product Liability Litigation, MDL No. 2047.
  • Obtained complete defense verdict for national engineering and construction services company on $14.5 million negligence claim following a four-week jury trial, which was affirmed on appeal.  See Rodriguez v. Florida Dep’t of Transp., 241 So. 3d 839 (Fla. 3d DCA 2017).
  • Defended developer in lawsuit challenging zoning approvals and constitutionality of notice requirements under City of Miami’s Zoning Code in connection with construction of municipal transportation facility; obtained final summary judgment in favor of developer.
  • Defended developer in lawsuit with municipality seeking to avoid obligations under land swap agreement; resolved through settlement that granted developer increase in development rights for related condominium project.
  • Defended developer in multiple lawsuits involving challenges to ballot question in special election to authorize development of a $400 million project on city-owned waterfront property; obtained final judgment rejecting challenges to ballot question in all cases; decisions were affirmed on appeal before the Third District Court of Appeal; successfully defeated petition for review before the Florida Supreme Court.
  • Defended developer in taxpayer lawsuit seeking to stop development of $600 million mega-yacht marina project and to invalidate lease agreement between city and developer for city-owned waterfront property; obtained dismissal with prejudice in favor of developer.
  • Defended developer in lawsuit seeking to invalidate development agreement and zoning approvals for $1.5 billion mixed-use project; obtained dismissal with prejudice in favor of developer.
  • Defended developer in lawsuit seeking to invalidate $88 million tax incentive financing (TIF) agreement for $1.5 billion mixed-use project; obtained dismissal with prejudice in favor of developer.
  • Defended promotor of Miami International Boat Show in multiple lawsuits from Village of Key Biscayne seeking to prevent relocation of show to Miami Marine Stadium in Virginia Key; obtained dismissal of claims and negotiated settlement that allows show to continue operations at new location.  See Vill. Of Key Biscayne v. Dep’t of Envtl. Prot., 206 So. 3d 788, 789 (Fla. 3d DCA 2016).
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When a dispute arises, we work closely with our clients to address the issue and resolve the dispute before it ends up into litigation.  When litigation is unavoidable, our litigators serve as effective advocates for our clients in federal and state courts, as well as arbitration proceedings.