Editorial: Construction in Florida

01 November 2007

Carlton Fields PA “has a reputation as one of the pre-eminent construction firms in the US, a reputation well deserved”, in the view of one of our sources. Its lawyers are “immensely skilled across the full range of related issues”, including contracts, dispute resolution and insurance, and Carlton Fields is the only firm to claim four places on our list. Michael Nuechterlein is a Fellow of the American College of Construction Lawyers (ACCL) and the most highly nominated individual in the research, described as being “at the pinnacle of the profession”. He has represented all types of clients in the industry, from owners, contractors, subcontractors to design professionals and sureties. He “stands out” for his dispute resolution expertise, both in litigation and in alternative methods; he is an American Arbitration Association (AAA) construction master arbitrator, and has handled claims related to extra work, different site conditions, change order and design defect claims. In addition, respondents also commented on his “first-class” mediation work, and he has mediated over 400 commercial and construction matters. Also in the Tampa office, George Meyer is similarly highly rated by his clients and peers. His expertise in developing standard form design and construction contracts was highlighted, and his background in engineering was also admiringly commented upon.

From the Miami office, Patricia Thompson is “locally and nationally renowned for her excellence in this area”, and was singled out in particular for her surety work. A member of the board of governors of the ACCL, she is also known for her dispute resolution work both in court and in arbitrations; she is a member of the AAA complex commercial cases panel. In recent years, she was involved in the prosecution of construction delay claims by sureties against architects and engineers, as well as the prosecution and defence of non-payment claims and the defence of performance bond claims by public and private owners against sureties. Also in Miami, Bruce King was described as “one of the best in town”. His surety work “stands comparison with anyone”, and he completes Carlton Fields’ quartet of nominated partners.

The “remarkably talented” Allan (Peter) Brandt is one of three featured lawyers from the Fort Lauderdale office of construction boutique Ferencik Libanoff Brandt Bustamante & Williams PA. Vice chair of the Florida Bar Construction Law Certification Committee, he is a “very eminent figure” recognised across the full spectrum of work in this area, and a “definite inclusion on any list of the best”. His colleague and fellow name partner Ira Libanoff was described as “penetratingly smart” and was recognised for his construction lien law expertise, while the “excellent” Robert Ferencik is a Florida Bar Board certified construction lawyer and a “particularly impressive litigator” in general construction disputes, as well as construction products liability litigation and professional liability claims relating to architects and engineers.

Stephen Pickert of Moye O’Brien O’Rourke Pickert & Martin LLP is regarded as an “exceptional lawyer”, and his colleague in the Orlando office, James Moye, is regarded as “an obvious choice for inclusion” by our corporate respondents. Peckar & Abramson is “one of the top-tier construction firms in the US”, and two partners from its Miami office feature. Stephen Reisman is managing partner of the Florida offices and is “absolutely first-class for contractor work”. His negotiation and document preparation skills were acknowledged, as was his “top-tier” dispute work; he has litigated and arbitrated delay and impact claims and has served as an arbitrator in many construction disputes. From the same office, Melinda Gentile was also lauded for her disputes work in this field. “Remarkably well versed in all types of construction litigation”, she has handled bid protests, contract disputes, contractor’s liens and defect claims in recent years.

Siegfried Rivera Lerner De La Torre & Sobel PA is another firm with multiple nominees in this chapter. The “great” Steven Siegfried is “one of the deans of the Florida bar”, and a founding Fellow of the ACCL. Also known for his academic work – he is an adjunct professor of Construction Law at the University of Miami School of Law – and his “illuminating and essential” writing on the subject, he was recognised for his work on behalf of contractors in particular. “You only hear good things about” Stuart Sobel, according to our sources. Highly respected for his disputes work, he “understands evidence better than anyone” and is recognised as “top-class” in both litigation and arbitration; he is a member of the AAA’s panel of construction arbitrators, and is also on the board of governors of the ACCL. Vezina Lawrence & Piscitelli PA in Fort Lauderdale is the final firm with more than one listing. Michael Piscitelli is recognised for the quality of his general construction and surety related work in particular, while his colleague Joseph Lawrence stood out for his dispute resolution skills; he is an AAA approved arbitrator for construction contract disputes.

Kimberly Ashby at Akerman Senterfitt in Orlando is former chair of the construction certification committee of the Florida Bar and “one of the stars in the state”. Described as “very visible, extremely active and a leader in the field”, she was praised for her litigation practice and knowledge of construction lien law in particular, and the general tone of responses was summed up by one corporate source: “I would hire her in an instant.” Steven Lesser at Becker & Poliakoff PA in Fort Lauderdale is regarded as an “absolute pleasure to litigate with”, and said to be “very sharp and ethical”. Board certified in construction law and an AAA-certified arbitrator in this field, he represents owners, developers, contractors, design professionals and government entities. Locally renowned for his representation of homeowner Phillipe Moransais before the Florida Supreme Court, he also serves as special construction litigation counsel to the school board of Broward County and is “absolutely top-tier”.

Michael Wilson resides in the Orlando office of Broad and Cassel and is chairman of the firm’s construction law and litigation practice. Described by his peers as “particularly strong for delay claim work”, he represents public and private owners, developers and contractors in a range of matters, including claims related to project impact, delay and defect claims as well as payment disputes. His contract drafting also “creates a very good impression”, and overall he is rated as “one of the best in the state”.

Bruce Alexander is chair of the construction group at Casey Ciklin Lubitz Martens & O’Connell and a “very well respected member of the local legal community”. Lauded for his construction lien law and litigation practice, he is regarded as an “exceptionally skilled lawyer”. A former co-vice chair on the Florida Bar construction law committee and a member of the AAA, he is certified by the Florida Bar in this area and was selected by the Florida Supreme Court to serve on the Bar’s inaugural committee for construction law certification; he has been appointed chairperson of that committee for 2007-2008.

Joseph Downs of Daniels Kashtan Downs Robertson & Magathan PA in Coral Gables is another “highly respected” and “very knowledgeable” disputes lawyer. He stood out for his representation of design professionals in liability defence litigation in particular. At Forizs & Dogali PL in Tampa, co-founder Andy Dogali was also repeatedly recommended for his defence of design professionals, and he has represented architects and engineers as well as developers, owners and contractors across a range of disputes in this area. His insurance expertise was also brought to our attention.

In the Orlando office of Greenberg Traurig LLP, Michael Hornreich is litigation co-chair in the construction law group. A former engineer, his “in-depth negotiation and dispute resolution knowledge” was noted, as was his work on behalf of the construction manager for the $375 million Orange County Convention Center, and as assistant counsel to the Greater Orlando Aviation Authority for its major development activity. Also in Orlando, Christopher Weiss of Holland & Knight LLP is seen as a “leading figure in the state”. His construction insurance and surety practice attracted much admiring comment, as did his litigation and arbitration expertise. He has handled the defence of claims totalling $51 million on behalf of a manufacturer resulting from the construction of a desalinisation plant in Florida, as well as the class action defence of a national residential developer in relation to alleged respiratory problems arising from mould contamination, and is known for defending a major architectural firm over the design of schools.

Larry Leiby of Leiby Stearns and Roberts PA in Fort Lauderdale is “one of the deans of Florida construction law”. The founder and first chairman of the construction law committee in the real property section of the Florida Bar, Leiby was also appointed to the inaugural Florida Bar construction law certification committee in 2004, which he has also chaired. Described as “profoundly eminent”, his disputes practice is well known, and his mediation and arbitration work is “of the highest calibre”; he is master arbitrator on the AAA large complex case panel.

Joseph Lane of Lowndes Drosdick Doster Kantor & Reed PA is “highly respected across the board”, and his ADR, surety and litigation work in this field earned praise from his peers. He can count Acousti Engineering Company of Florida, Roger Kennedy Construction and ZOM Development among his clients, and is regarded as a “definite for inclusion” by our sources.

The final listed name is Earl Welbaum of Welbaum Guernsey Hingston Greenleaf Gregory Black Rune & Thomas LLP. Well regarded for his litigation practice, he represents contractors, real estate developers and sureties as well as financial institutions and fidelity bond carriers and is thought of as “profoundly knowledgeable” in this area.

It is not possible to buy entry into Who's Who Legal

terms and conditionscontact us