Construction

Foley’s Construction attorneys have the judgment and experience to handle the most complex construction issues.

We have a dedicated team of more than 30 professionals who help our clients — from public and private owners, manufacturers, developers, and contractors to subcontractors, joint venture parties, suppliers, architects, and engineers — power their construction projects.

Our services continue to be recognized. Most recently, the practice received a national Tier 1 ranking in the 2016 edition of U.S. News – Best Lawyers® “Best Law Firms” in the area of construction litigation. We also have been recognized by Chambers USA and The Legal 500.

Representative Matters

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Represented, as co-counsel, the Sanford International Airport Authority in a jury trial adverse to performance bond surety Safeco Insurance Company of America and its principal, the contractor, on a taxi-way construction project. The Airport Authority asserted that the contractor destroyed the runway lighting system during construction and was responsible for delayed completion. A critical issue in the case was whether the contract’s liquidated damages provision of $5,000/hour for interrupted owner operations was an unenforceable penalty. The court found that it was not. The jury’s verdict against the contractor and surety included late completion liquidated damages of $1000/day, plus the hourly liquidated damages for interrupted owner operations at the rate of $5,000/hour, as well as actual damages, for a total verdict in favor of the Airport Authority of approximately $850,000. The contractor and surety ultimately paid the Airport Authority $1.5 million to settle following the jury verdict.
Represented Carlson in connection with a master design/build contract with a national data center developer.
Represented a privately held contractor specializing in the construction and renovation of bridges and other large civil engineering projects. The jury verdict was in excess of $2.5 million for the client against a performance bond surety of a defaulted subcontractor. The jury verdict exceeded the penal sum of the performance bond in a case of first impression in Florida.

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