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Construction Defect / Construction Litigation

Our Practices

Construction Defect / Construction Litigation

Kelley Kronenberg represents all participants in the building process of residential, commercial, and industrial construction projects. They include design professionals, public and private owners, developers, general contractors, subcontractors, and product manufacturers. 

Our construction defect attorneys counsel clients on all aspects of the design and construction process. We assist clients during project development, bidding, contract drafting and negotiation, construction, project close-out, and post-completion claims. Our legal team helps clients meet the complex challenges of completing projects on time and within budget. 

Kelley Kronenberg lawyers routinely write and lecture on construction law topics through national organizations such as National Business Institute (NBI), Strafford, Law Practice CLE, and MyLawCLE, as well as construction industry groups such as Construction Association of South Florida (CASF).

Contract Drafting and Negotiation

Proper drafting of design and construction contracts can ensure that clients are properly protected from claims. Our attorneys routinely work with form contracts such as American Institute of Architects (AIA), Associated General Contractors of America (AGC), and Engineers Joint Contract Documents Committee (EJCDC). We negotiate terms ranging from small projects such as single-family homes to multi-million dollar hotels and public facilities. Our attorneys bring years of knowledge to the bargaining table to reach agreements while protecting clients’ interests.

Construction Defect Litigation

In today’s litigious environment, post-completion defect claims are inevitable. Kelley Kronenberg zealously defends clients from these allegations. Our attorneys have handled claims involving:

  • Apartment buildings
  • Condominiums
  • Hotels
  • Mixed-use projects
  • Retail projects
  • Single-family home developments
  • Office buildings
  • Warehouses

We have represented clients against claims related to:

  • Building envelopes 
  • Concrete
  • Electrical systems
  • Waterproofing coatings
  • Mechanical systems
  • Mold
  • Plumbing
  • Soil and foundation
  • Structural failure
  • Windows

We serve as panel counsel for major insurance carriers and third-party administrators. Our attorneys understand the significant costs involved in construction defect litigation and develop cost-effective strategies and solutions to try to resolve cases early on, including during the pre-suit process of Florida Statutes Chapter 558.

Construction Litigation

The attorneys at Kelley Kronenberg are well-versed in handling claims and disputes involving licensing and permitting issues, non-payment, delays, inefficiency and acceleration. We have significant experience in Florida’s Construction Lien Law, Florida’s Prompt Payment Act, Florida’s “Little Miller” act, the federal Miller Act, the Florida Building Code and other statutory and regulatory schemes.

Coverage and Bad Faith Disputes

Construction defect claims involve complicated coverage issues such as occurrences, property damage, triggers of coverage, and the application of common policy exclusions. Our attorneys interpret standard ISO and manuscript liability policies and offer coverage opinions on a carrier’s duties and obligations to its insured under the policy, including the duty to defend.   We are also often tasked with counseling insurance carriers on the propriety of their conduct in order to minimize or avoid bad faith claims.

Jobsite Accidents

Even with the best safety policies and practices, our clients face personal injury and property damage claims from building owners, construction workers, and other parties caused by defective construction and other conditions. Our attorneys analyze the alleged causes to identify the conditions and parties responsible in order to minimize or avoid liability.

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