Notably, when the claim was assigned to defense counsel, the plaintiff had already made over $3 million in repairs. For this reason, every aspect of the case was handled as if it would be proceeding to trial. By aggressively deposing Plaintiff’s corporate officers and representatives, working directly with multiple fact witnesses, and keeping our experts actively involved, a strong defense was built based on Florida’s under-used Slavin Doctrine. Represented a general contractor as lead counsel in a construction defect claim where the Plaintiff alleged Plaintiff alleged damages in excess of $10 million related to the construction of an upscale apartment complex in Hillsborough County, FL.

At mediation, the plaintiff demanded several million dollars from the client - an amount consistent with how most the defending insurance carriers evaluted the case. However, based on the strength of our defenses, the client’s risk transfer capabilities, and our experience with the plaintiff's law firm, defense counsel reccomended a settlement amount that was several times less than what the plaintiff offered at mediation. Following some persistent motion practice, the client settled the case for an amount that was a fraction of Plaintiff’s mediation demand and squarely within counsel's original evaluation. Ultimately, the case was settled within a year of assignment and the defending insurance carriers were billed less than $50,000 of all fees and costs.

Represented a general contractor as lead counsel in a construction defect case where the plaintiff alleged damages for water intrusion and structural issues related to a condominium conversion in Orange County, FL.  

Here, the plaintiff alleged over $15 million of damages, the majority of which was directed at the client as it was the only notable defendant with insurance coverage. 

After almost three years of the plaintiff demanding millions of dollars from the client, the case was eventually settled for approximately 2% of the plaintiff’s cost of repair estimate and squarely within counsel’s original evaluation.

Represented a balcony railing contractor as lead counsel in a construction defect claim where the plaintiff asserted damages for water intrusion and structural issues related to the installation of hundreds of balcony railings in a large townhome community in Orange County, FL. 

Here, the plaintiff had a cost of repair estimate that was in excess of $10 million and attributed almost $2 million of damages to the client.  

However, shortly after assignment, it was determined that the client had a strong defense based on Florida’s statue of repose. After aggressively engaging personal counsel for the general contractor (who had settled out and was no longer transacting business in Florida), the client was able to obtain an affidavit necessary to move for summary judgement. As a result, the case was promptly settled for an amount that was approximately 1% of Plaintiff’s initial demand, substantially less than the carrier’s reserves, and within 6 months of assignment.

Represented a stucco and precast contractor as lead counsel in a construction defect claim where the plaintiff asserted damages for water intrusion related to the construction and design of a $7 million custom-built home in Orange County, FL. 

Here, the plaintiff alleged damages in excess of $3 million – over $1 million of which was attributed to the client. However, at the deposition of the plaintiff’s liability expert, counsel elicited testimony that: (1) the stucco was not a contributing factor to the home’s water intrusion; and (2) the precast cement was not intended to serve as a waterproofing barrier. As a result, the client settled for an amount that was approximately 5% of the plaintiff’s demand and 3% of the global settlement.

Represented a developer and property manager as lead counsel in a construction defect case where the plaintiff alleged damages for water intrusion and structural issues related to a condominium conversion in Orange County, FL.

Here, the plaintiff alleged over $8 million of damages (including a $6 million cost of repair estimate), the majority of which was directed at the client. Additionally, the plaintiff asserted multiple theories of liability against the client, including breach of statutory warranties, negligence, negligent misrepresentation, breach of fiduciary duties, and a violation of Florida’s Deceptive and Unfair Trade Practice Act.

After aggressively moving for summary judgement, filing several motions in limine, and submitting special set jury instructions specifically geared towards conversions, the plaintiff substantially lowered its demand and the case was settled within counsel’s original evaluation, which was a fraction of Plaintiff’s alleged damages and demand.

Represented a stucco contractor as lead counsel in a construction defect case where the plaintiff alleged damages for water intrusions related to the construction of a large townhome community in Orange County, FL. The client was sued by the general contractor as a third-party defendant in a “pass through” claim, which included a claim for contractual indemnification. Moreover, the general contractor alleged that it was an additional insured under the defending insurance carrier’s liability policy. 

Here, the plaintiff alleged approximately $15 million of damages (including a near $13 million cost of repair estimate), attributing approximately $1.5 million to the client. Similarly, the general contractor’s expert attributed over $1 million of the alleged damages to the client. 

After aggressively deposing the plaintiff’s liability expert, counsel elicited favorable testimony and promptly filed and scheduled a Daubert Motion. Shortly thereafter, the case settled for an amount that was a fraction of Plaintiff’s mediation demand and within nine months of assignment.  

Represented a framing and window contractor as lead counsel in a construction defect claim where the plaintiff asserted damages for water intrusions related to the construction of a large townhome community in Brevard County, FL. Here, the client was sued by the general contractor as a third-party defendant because it had opted out of the general contractor’s Wrap CCIP policy. 

Shortly after assignment, however, it was determined through the review of the general contractor’s records that the client had inadvertently been charged several CCIP premiums. As a result, the general contractor was immediately tendered to provide the client with a defense and indemnification. Ultimately, the general contractor accepted the tender and stayed all additional claims against the client. The case was resolved within a couple months after assignment and without any major expense to the defending insurance carrier.

Represented a roofing contractor as lead counsel in a construction defect claim where the plaintiff alleged damages for water intrusion related to the construction of a townhome community in Hillsborough County, FL. Notably, the client was sued by the general contractor as a third-party defendant in a “pass through” claim which included a claim for contractual indemnification. Additionally, the general contractor alleged that it was an additional insured under the defending insurance carriers’ liability policies. 

Here, the plaintiff’s experts attributed over $650,000 of repair costs to the client, which was approximately 70% of Plaintiff’s total alleged cost of repair. Likewise, the general contractor’s expert attributed approximately 92% of his repair costs to the client. However, counsel elicited testimony from plaintiff’s liability expert that undermined his opinion with respect to the roof. As a result, a Daubert motion was filed and the client settled with only contributing 13% to the global settlement amount. 

Represented a grading and site work contractor as lead counsel in a construction defect claim where the plaintiff alleged damages for improper stormwater management at a townhome community in Hillsborough County, FL. Notably, the client was sued by the general contractor as a third-party defendant in a “pass through” claim which included a claim for contractual indemnification. Additionally, the general contractor alleged that it was an additional insured under the defending insurance carriers’ liability policies. 

Here, while the plaintiff’s initial consultant opined there was defects which contributed to the property’s stormwater management, the testifying expert designated by the plaintiff failed to formally make such allegation. As a result, summary judgement was filed on behalf of the client and the case was settled shortly thereafter for a nuisance amount.

Represented a developer, general contractor and homeowners’ association as lead counsel in a construction defect claim where the plaintiff alleged damages for improper stormwater management resulting from the construction of a large townhome community in Orange County, FL. 

Here, there were several inflammatory elements of this case that made liability difficult to contest. Nonetheless, because the project subcontractors and their insurance carriers had contractual defense and indemnity obligations, counsel tendered these parties accordingly. When these tenders were denied, multiple third-party defendants were brought into the case under several theories of liability. Ultimately, the case was settled globally with an approximate 25% contribution from the clients and within counsel’s initial evaluation.

Represented a roofing contractor as lead counsel in a construction defect claim where the plaintiff alleged damages for water intrusion related to the construction of a residential home in Manatee County, FL. Here, the client was sued by the general contractor as a third-party defendant in a “pass through” claim, which included a claim for contractual indemnification. Moreover, the general contractor alleged that it was an additional insured under the defending insurance carrier’s liability policy. 

Shortly after assignment, however, it was determined that the Plaintiff’s expert had not formally opined the roof had contributed to the home’s water intrusion. As a result, summary judgement was filed on behalf of the client, and the case was settled for a nuisance amount within a year of assignment. 

Represented a general contractor as lead counsel in a construction defect claim where the plaintiff asserted damages for water intrusions related to the construction of a mid-sized townhome community in Hillsborough County, FL. Here, counsel was assigned the claim pre-litigation in response to a Chapter 558 Notice of Defects. 

Shortly after assignment, counsel assisted in directly engaging the Homeowner’s Association before a plaintiff’s law firm could get involved. As a result, the claim was settled for a nuisance value with only nominal expenses billed to the defending insurance carrier. 

Represented a general contractor as lead counsel in a construction defect claim where the plaintiffs asserted damages for water intrusion resulting from the renovation to an upscale home’s balcony terrace in Pinellas County, FL. Notably, the plaintiffs also asserted a claim against the client for violating Florida’s Deceptive and Unfair Trade Practice Act – which if proven, would entitle the plaintiffs to their attorney’s fees and costs. 

While none of the subcontractors owed the client any defense or contractual indemnification, multiple third-party defendants were brought into the case for risk transfer purposes. Ultimately, the case was settled approximately a year after assignment with meaningful contributions from all named third party defendants.