Firm attorneys have been involved in state and federal class action certification litigation including numerous claim certification cases in various types of lawsuits.

Representative Cases

• Prevailed on appeal on behalf of a residential land developer where the court held the developer was exempt from the disclosure requirements under the federal Interstate Land Sales Full Disclosure Act (ILSFDA) statute, in Van Hook v. The Residences at Coconut Point (2010).
• Represented several thousand investors in a securities fraud and Interstate Land Sales Act (ILSFDA) class action against a publicly traded home builder and affiliates alleging fraud in connection with the sale of new homes as pre-leased investment properties, in Sewell v. D’Alessandro & Woodyard, Inc. (2009). The class was certified and the firm was approved by the court as class counsel. The certified class included 2,000 – 4,000 individuals. The case settled in December 2011 following four years of contentious litigation and considerable motion practice resulting in a substantial payment to the class.
• First National Bank of Pennsylvania v. Greg Eagle et al., Case No. 09-CA-67252
  This case is currently pending in Lee County Circuit Court where we are seeking class certification on behalf of more than 50 investors in a trust who were defrauded by a local real estate broker. The motion for class certification is currently pending. We are seeking to represent the class of investors against the broker, Greg Eagle, and the lender (First National Bank of PA) that obtained a first mortgage on the trust property.
• Co-lead counsel representing an Ephedra manufacturer sued in District Court for the Southern District of Florida. Plaintiffs attempted to certify a Florida and nationwide medical monitoring class for persons who had consumed Ephedra-based products. After submission of briefs, an evidentiary hearing and oral argument, the Court denied class certification, in Perez et al v. Metabolife International, Inc., 0222850 CIV- Huck/Turnoff.
• Class action case related to misrepresentation in the sale of securities, in Binder v. Rainbow Medical, Inc., 831 So. 2d 254 (Fla. 3rd DCA 2002).
• Appeal of omitted class member in interest sensitive class-action insurance litigation, in Spitz, et al v. Connecticut General Life Insurance Company v. Minkin, Case No. 95-CV-3566, Central District of California, (appealed in case No. 99-55403, United States Court of Appeals, Ninth Circuit).

Handling corporate disputes is fundamental to the firm’s business litigation practice. We handle dozens of them every year and have had great success resolving such disputes successfully through settlements, usually after intensive litigation. Our litigators have vast experience in this broad category of law including partnership dissolutions, fraud, corporate malfeasance, employment contracts, shareholder, and partnership disputes.

The firm’s litigation group has lengthy and deep experience litigating corporate disputes in State and Federal Courts arising from direct and shareholder derivative claims. Our Firm has represented both plaintiffs and defendants with regard to claims for breach of fiduciary duty, corporate waste, and misappropriation of corporate opportunities, corporate malfeasance, and judicial dissolutions of closely held corporations, among others.

Becker’s commercial litigators have represented clients in such matters utilizing a team approach to litigation in these complex cases. Therefore, almost every lawyer practicing in the commercial litigation practice group has experience in these types of cases and is well-qualified to contribute to the investigation, and if needed, litigation of any claims arising from the management and operation of corporate entity.

We have handled several cases involving disputes among officers, directors and shareholders of corporations and limited liability companies organized under Florida and other state’s law. A typical case is representation of a corporation and its majority shareholders in a lawsuit brought by a minority shareholder seeking several million dollars of damages, preliminary injunctive relief and the appointment of a receiver arising from claims of breach of partnership agreement, disparate distributions, and misappropriation of corporate opportunity. The Firm is accustomed to representing clients in cases of this nature which require the capability and depth of support necessary to engage in fact-intensive discovery typically requiring review and analysis of large volumes of documents and electronically stored information (ESI).

Firm attorneys represent Directors and Officers, Claimants and D&O insurers in various matters including negligence, breach of fiduciary duty, fraud, statutory causes of action and declaratory judgment actions.

Representative Matters:

• Represented Officers of Public Corporation in a Breach of Contract and Fraud case against Public Corporation and its primary shareholder for failing to pay Officers performance bonuses in excess of $10,000,000 for structuring and closing sale to company that privatized company. Prior to trial case resolved by way of settlement.

Becker has extensive experience in cases involving infrastructure issues, including land development and usage, local government law, developer agreements, land use and zoning changes, environmental permitting, site planning, DRI compliance, creation of Planned Unit Developments, Planned Developments, Community Redevelopment Agencies, variances, and NIMBY lawsuits.

Representative Cases

• Obtained an appellate court ruling that government officials enjoyed qualified immunity from suit based on officials’ land-use determinations concerning the interpretation of a comprehensive land-use plan, in Southwest Ranches v. Kalam, (2009). The Court held that the qualified immunity doctrine applied to officials at the earliest possible time, prior to having to incur an expense of defense including discovery. The Court based its application of the immunity doctrine on objective standards, concluding that the official’s intent was irrelevant to the application of the doctrine of immunity.
• Successfully defended the City of Hollywood and a real estate developer, with vested rights, from constitutional challenges brought by a citizens group relating to the City’s review criteria for development approval, in Friends of Great Southern, Inc. v. City of Hollywood (2007).
• Graves v. City of Pompano Beach et al. Defended a national public traded casino and gaming company in litigation brought by a competitor in challenging land use, zoning and development approvals
• Christ Covenant Church v. Town of Southwest Ranches, 2008 WL 2686860 (S.D. Fla. June 29, 2008). Prevailed on motion to compel discovery in action brought by house of worship against municipality alleging discrimination in denial of site plan application; decision permitted client to obtain important discovery in RLUIPA action.
• Markham v. PPI, Inc., 843 So. 2d 922 (Fla. 4th DCA 2003). Ad valorem taxation of Pompano Harness Track.

The firm’s intellectual property practice includes  trademarks, copyrights, unfair competition, trade secrets, false advertising, computer software/internet protection, licenses and agreements, and due diligence.

When IP issues result in litigation, our highly qualified team of IP litigators provides aggressive representation for our client’s most valued assets. Our litigators have prosecuted claims for trademark, trade dress and copyright infringement, unfair competition, false designation of product origin, and trademark dilution.

The team has represented nationally prominent intellectual property owners in federal court trademark and copyright infringement actions, which have regularly required litigating expedited motions for preliminary injunction.

Representative matters include:

• Represented an internationally known motorcycle manufacturer in protection of trademarks utilized on and in connection with motorcycle accessories and gear. Successfully shut down counterfeiters and infringers, resulting in seizure of counterfeit goods.
• Represented a manufacturer and designer of fine contemporary Italian furniture. For this designer, team asserted claims for the violation of copyright of artistic features in certain designs and for the violation of trademark rights, which resulted in the cessation of infringing activities.
• Represented an internationally known designer of high-end jewelry and fashion accessories in copyright enforcement and counterfeiting actions. Team protected client’s rights in its artistic expressions protected under the law.
• Represented a multibillion dollar federal bank in multiple trademark enforcement and domain dispute matters. Successfully litigated a range of claims including the infringement of the bank’s registered trademark, false designation of origin, cyber-piracy, unfair competition, and deceptive and unfair trade practices.
• Represented a leading company of high-end ladies undergarments in trademark, trade dress, and design patent claims against a famous national retailer, who was utilizing the company’s famous packaging for sale of the retailer’s inferior line of ladies’ undergarments.
• Represented a well-known resort against an internationally known hotel and timeshare resort chain in an action concerning the resort’s trademark. The case resulted in the recognition of the resort’s mark and a halt of infringing activity by the international company.

Firm attorneys represent both insureds and insurers in coverage matters including breach of contract, declaratory judgment and bad faith actions.

Several firm attorneys have experience in insurance coverage issues relating to a wide variety of claims including post disaster claims with major insurance companies which denied coverage. Our attorneys understand the complexity of coverage issues and how to analyze policies to prove coverage. We have experience both in and outside the courtroom including recent cases in which our attorneys have forced insurance companies to concede coverage through strategic courtroom maneuvers.

Representative Cases
Genovese v. Provident Life & Accident Insurance Company, Broward Circuit Court
The firm served as co-counsel for plaintiff Dr. Genovese who brought a breach of contract action against insurer, which resulted in a second jury decision against Provident to recover his lifetime disability benefits. The earlier verdict resulted in the jury finding total disability under the plaintiff’s policy.

Waterside v. CNA, (Employee theft coverage granted). Southern District of Florida, Case No. 09-CV006944
In Waterside, a condominium bought a policy to protect itself from employee theft. In filling out the application for insurance, the condominium noted that it had a “two signature” policy for all checks. A property manager then circumvented the two signature rule and cashed numerous checks for her own benefit. Becker filed a First Party Complaint against Waterside’s insurance company CNA. Incredibly, the insurance company denied the claim, stating that Waterside had violated the two signature policy procedure. Becker filed a lawsuit in federal court proving the violation of the two check policy was the exact reason why CNA owed the coverage. Once the lawsuit was forwarded to outside counsel, CNA realized that the insurance company had no defense and they immediately agreed to pay the claim as well as all Waterside attorney’s fees and costs.

Kiswani v. AIG, ($10 Million Excess Coverage Granted) Southern District of Florida, Case No. 08-CV23520
In this case, AIG disclaimed coverage connected to a truck accident in which the victim became a quadriplegic. AIG initially denied coverage on their $10 million excess policy. The firm filed a complaint in U.S. District Court for the Southern District challenging their denial and demonstrating why their policy covered the accident. After the filing, AIG admitted coverage without reservation.

Sugar Sands v. Travelers, (First party property damage granted) Southern District of Florida, Case No. 08-09CV80250
Sugar Sands made a property damage claim against Travelers regarding the problems caused by the settling of a floor slab. Travelers initially denied coverage under the prior litigation exclusion to their policy. Becker attorneys filed declaratory judgment action alleging that the prior litigation was unrelated to the present damage and should be covered. Travelers quickly reversed their position and settled the case.

Fisher v. U.S. Department of Health & Human Services, (Medicare coverage granted) Southern District of Florida, Case No. 08-CV80121
Medicare denied coverage of a life saving cancer dental surgery stating that it was “routine dental care.” A complaint was filed in U.S. District Court for the Southern District of Florida using Medicare’s own regulations and case law to prove why coverage should apply. The U.S. Attorney in the case confessed error and the Court awarded all attorneys’ fees.

• Represented scuba diver in a personal injury action against dive boat operator that involved issues of insurance coverage, maritime law; causation and damages. On eve of trial settled case for 7 figure amount.
• Represented insurance company and insured in a subrogation matter involving a fire which occurred at a company that was in the building next to the client which was a pharmaceutical manufacturing company. Case involved significant insurance coverage issues, as well as causation and damage issues. Defendant Company and its insurer were asserting that most of the damage was caused by the firefighters and thus was not a collectable element of damages. Based upon claims that were asserted and strategies employed we were able to obtain 100% recovery for all clients, as well as the payment of all costs and fees.

Becker’s community association attorneys have specialized experience crafting comprehensive collections strategies for associations, including collection and foreclosure actions, representation in mortgage foreclosure actions, surplus funds recovery and receiverships. Our attorneys are experienced with FDCPA compliance, lien foreclosures, deeds in lieu of foreclosure and judgment recovery. We also advise community association clients regarding the legal issues implicated in Chapter 7 and Chapter 13 bankruptcy matters.

Collections & Foreclosure has been an important part of Becker’s practice since its founding and remains so today, with a dedicated team in place helping clients recover losses in a timely and cost-efficient manner.

Over the years, Becker has developed an excellent reputation for handling a high volume of collection and foreclosure matters quickly and successfully. We handle thousands of collections matters each year, many of which result in filing foreclosures. In the overwhelming majority of these matters, the firm recovers the property or secures full payment due.

Clients for whom we handle collections litigation, including foreclosures, include:

• The U.S. Department of Justice
• The Sherwin Williams Company
• Several major U.S. Casinos
• 4,000 community associations

 

The Firm’s Community Association Litigation Practice is dedicated to providing strategic, innovative, and aggressive representation for our clients in all litigation matters. Becker’s reputation as a pioneer and leader in Community Association law is well-known throughout the legal community. Judges, arbitrators, and other attorneys are aware that Becker clients not only have the benefit of decades of experience but also, the largest team of dedicated community association lawyers to represent clients. With over 4,000 Community Association clients, there is almost no issue the Firm’s attorneys have not dealt with before.

Community Association litigation is specialized and the attorneys practicing Community Association litigation must be familiar with the nuances of this area of law. Condominiums, Cooperatives, and Homeowner Associations are each governed by a separate section of the Florida Statutes. Therefore, each Community Association dispute requires a distinct analysis of the governing substantive and procedural law. It is the Firm’s job to efficiently and successfully guide our clients through the entire litigation process, from the beginning of the dispute, until the final disposition of the matter.

In addition, the firm is very active in representing community associations in multi-million dollar casualty claims against their insurance carriers, such as hurricane damage claims. Our representation has included giving general insurance advice, representing associations in casualty insurance policy defense issues, representing association in the claims adjustments and appraisal process as well as representation in litigation, both in the state and federal courts through out Florida. The attorneys who practice in this area are highly-skilled and experienced attorneys who are able to guide and counsel our association clients from the inception of the disaster to the final resolution of the insurance claim.

The Firm’s Community Association Litigation Practice routinely provides our clients with the following services:

• Initial analysis of the dispute, including a thorough investigation of the facts.
• Determination of the proper causes of action or defenses, and Anticipation of possible defenses or counterclaims.
• Determination of the appropriate jurisdiction and venue (i.e. Mandatory, Non-binding Arbitration; County or Circuit Court; or Mediation).
• Determination and opinion on the likelihood of success in consideration of the remedies sought.
• Fact finding through the discovery process specified to the forum that the action lies.
• Thorough representation in hearings, arbitrations, mediations, non-jury and jury trials.
• Aggressive pursuit of the recovery of attorney fees for our clients, if provided by law.
• Representation of our clients throughout any appellate actions.

Becker is most well-known for its reputation in the area of community association law, representing condominiums, cooperatives and homeowners associations. The firm has been a pioneer and industry leader in this field since 1973.

The attorneys in this practice group cover the entire spectrum of legal counseling of community associations. Each attorney plays an integral part of their association’s professional team, assisting the Board and management prepare for and conduct meetings; answering questions about the governing documents and the pertinent law; enforcing and drafting amendment to the governing documents and; drafting and negotiating contracts for provision of services.

Each client is assigned an attorney in the practice group who is primarily responsible for providing legal counseling to the officers and directors, as well as the property manager, on the operation of the Association. The Association’s attorney also serves as a liaison between the client and other attorneys in the Firm to ensure that all the association’s legal needs are being met by attorneys who practice in those specialized areas, such as construction, real estate transactions, government relations, litigation, insurance claims, collections and employment law.

Among the types of services routinely provided to clients are the following:

• Legal counsel in the application of state and local law and court rulings and administrative decisions impacting on the operation of community associations.
• Ensuring compliance with applicable federal, state and local laws.
• General legal and business advice regarding day to day matters.
• Preparation and negotiation of service contracts, employment contracts and commercial leases.
• Collection of outstanding maintenance, common charges, and assessments.
• Resolution of disputes among unit owners.
• Assistance with procuring commercial loans; negotiation of loan documents for secured and unsecured loans.
• Addressing maintenance and repair issues and distinguishing between those projects which require Board approval and those which require unit owner approval.
• Assisting in planning and developing contracts for construction projects and complying with construction lien laws.
• Attending board and membership meetings.
• Reviewing contracts for other services.
• Answering day-to-day questions regarding operational, technical, regulatory, and practical issues.
• Advising on Hurricane preparation, protection and counsel on recovery and rebuilding efforts.
• Assisting the Board of Directors on fiscal matters, such as budgeting, levying special assessments, and establishing reserves.
• Drafting and reviewing contracts for the management, maintenance, repair and operation of the community.
• Collection of delinquent assessments.
• Counseling owners’ ad-hoc committees in the pre-transition phase of the Community’s evolution.
• Providing legal counsel for post-transition, unit owner-controlled Association on developer issues, including the resolution of warranty, accounting and representation claims, and the establishment of on-going operational controls.

The Becker Disaster Recovery Practice Group assists clients with all aspects of catastrophic incidents that may befall a condominium association or any shared ownership community, including hurricanes, windstorms, tornadoes, fires, floods, lightning strikes, mold, pipe breaks, major leaks, sinkholes, etc.Becker attorneys have handled thousands of claims issues, including dozens of hurricanes in Florida, New York, and New Jersey. Our team approach provides a comprehensive set of services for all pre- and post-disaster needs in conjunction with our firm’s esteemed Community Association Practice Group and Construction Law & Litigation Practice Group, which includes board certified construction law experts, specific structural engineering experts, electrical/corrosion engineering experts, general contractor experts, estimators, adjusters, plumbing and other specific experts that know how to find damage and process claims. They are experts in what they do and our substantial experience tells us that to maximize recovery, you are best served by using a team that brings a wealth of experts to your rescue.Our Disaster Recovery Group attorneys can readily assist with document rewrites, contract review, legal opinions for repair and replacement projects, assisting with banking needs including SBA loans, passing special assessments, and more. We can review your current insurance policies to determine whether those policies fully adopt the current statutory scheme in your state or have broader coverage available. We can also arrange a basic investigation for your community, at no cost, sufficient to determine whether you need to take the next step and notify your property carrier. The team offers a Disaster Preparedness and Recovery course that provides information about what to do prior to and after any kind of disaster.We can likewise assist you with any of the following:

• Arranging documentation of your community (via video, photos and/or memoranda) for building components and critical records in order to facilitate your future insurance claim
• Contract review to ensure pricing, performance and insurance protections are in place
• Review of your insurance policies to identify requirements and financial obligations
• Developing a comprehensive Hurricane Plan
• Filing a lawsuit should your claim be denied or underpaid

In addition to our in-house legal services, Becker owns and operates Association Adjusting, a licensed and insured public adjusting firm led by Joseph “Joe Connelly (#E157037). Mr. Connelly has served as Executive Board Officer for the Florida Association of Public Adjusters (FAPIA).Recognized as an authority in the community association industry, Association Adjusting has the expertise and experience to help community associations achieve the most favorable outcome possible. Our team of public adjusters, led by Mr. Connelly, provides clients with only the highest level of professionalism and excellence – whether you’re dealing with a claim that stems from hurricane damage, water damage, theft, fire, mold, roof leak, or any other type of calamity, our singular goal is to ensure your interests are always protected.For more information visit http://www.associationadjusting.com.

Hurricane Preparedness and Recovery Guide

 

The state of Florida is no stranger to hurricanes and other natural disasters. Living in paradise doesn’t come without some risks associated with Mother Nature. The question is never just if our communities, homes and families will be impacted by a windstorm event, but when they will, and how we will prepare for and recover from that event.

Disaster Preparedness & Recovery: Are You Ready to Weather the Storm? – Online Class

 

Is your community prepared in the event that a hurricane strikes through your city? In this special course we will go over practical tips for developing and implementing a disaster recovery plan for your community…

Watch Now.

Anatomy of a Water Leak – Online Class

 

Water leaks are a major concern to association boards and unit owners alike. Come join our attorneys as they guide your association through the process of handling a water leak from detection through repair, insurance coverage and reconstruction responsibility, and potential liability claims….

Watch Now.

Disaster Resources & Links

 

 

Federal Emergency Management Agency for federal disaster response and recovery information

National Flood Insurance Program (NFIP) for information about federal flood insurance

Home Inventory Checklist

Information about Flood Insurance

Flood Insurance Writers

Flood Resources: National Flood Insurance Program (NFIP)
Contact Information: Phone: 1-888-FLOOD29 or 1-888-356-6329

Flood Claims Process

Filing a Flood Insurance Claim

Premium Discounts for Hurricane Loss Mitigation

Notice of Premium Discounts for Hurricane Loss Mitigation

Uniform Mitigation Verification Inspection Form

Homeowners insurance toolkit

Are you prepared for Hurricane Season?

Disaster Preparedness at Home: Filter Out the Damage

Disaster Prep & Self Storage – What You Need to Know

PA DMV Emergency Driving Tips

Emergency Preparedness for People Requiring Special Assistance

Humane Society – Protect Your Pets

Contacting FEMA

 

Who needs Elevation Certificates and Why

Wind Damage v. Flood Damage

National Assn of Insurance Commissioners Disaster Preparedness

Florida’s Largest Property Insurance Companies

Florida Department of Financial Services (DFS), Division of Consumer Services, which handles all consumer-related questions and problems concerning insurance:

Florida contact information*: 1-877-MY-FL-CFO (1- 877-693-5236)
*This is a toll-free helpline number and only available to consumers calling from a Florida number

Florida Division of Emergency Management for the latest emergency information

Information on Sinkholes

Catastrophic Ground Collapse in Florida

Florida Dept of Environmental Protection info about sinkholes

Florida Dept of Environmental Protection frequently asked questions about sinkholes

Property Casualty Insurers Association of America

Insurance Information for Consumers-what it does and how it works

Get quotes for Assn coverage and 7 Steps to Purchasing Insurance for a Condo Association

DISCLAIMER

 

Becker provides access to information on this website page as a public service. Although reasonable efforts have been made to ensure that all electronic information made available is current, complete and accurate, Becker does not warrant or represent that this information is current, complete and accurate. All information is subject to change on a regular basis, without notice. Becker assumes no responsibility for any errors in the information provided, nor assumes any liability for any damages incurred as a consequence, directly or indirectly, of the use and application of any of the contents of the website page. The inclusion of, or linking to, other website URLs does not imply our endorsement of, nor responsibility for, those web sites, but has been done as a convenience to our website visitors.

Community associations often have issues with local and state government agencies; for example, changes to ingress/egress at the community, local zoning changes to accommodate businesses in the area that adversely impact the association, or a sound or traffic nuisance created by new road, new development or changing traffic pattern. Our local government team of lawyers and lobbyists represents associations before the governmental entity to ensure the community’s rights are protected and the property value preserved.

Our government team has experience working with government officials to protect an association’s rights. There are countless examples of associations that have been negatively impacted by a governmental decision. Association leaders appreciate the knowledge and experience of Becker’s local government team which knows how to intervene directly with the decision makers to try to resolve the problem before it escalates or becomes irreversible. Some issues get resolved with a phone call while others have required large scale grass roots campaigns that help elected officials understand the power and influence of a community association.

Becker’s attorneys have extensive experience handling various types of liability matters from pre-suit investigation and negotiations through trial. We aggressively represent our community association clients with liability or casualty claims.

Our experience includes a variety of claims including:

• Premises liability
• Employment
• On-site security
• Water damage
• Board member liability
• Claims disputes

Our technology attorneys work closely with communities to negotiate the terms and conditions of bulk cable, internet and video communications contracts, as well as cell tower and roof tower leases, and the restructuring of cell tower agreements. As technology changes, we also assist communities with upgrades including contractions for the wiring of “smart buildings”, security systems, and fiber optic and satellite.

The firm has experience in all aspects of sophisticated surety claims, as it represents large commercial sureties, bond principals, and institutional bond claimants. Surety law is particularly perilous to many bond claimants, as even seemingly small failures to provide proper notice or otherwise strictly comply with the requirements of the bond can result in the total discharge of the bond and the potential loss of millions of dollars.

Diverse and extensive representation of all participants in the surety claims process has allowed the firm to develop a comprehensive overview of all aspects of claims. This overview allows the firm to provide clear and effective guidance to bond claimants as they negotiate the claims process. When representing sureties, the firm is experienced in aggressively raising and pursuing all available surety defenses, as well as aggressively pursuing indemnity rights. When representing bond principals, the firm is experienced in protecting all rights and remedies available. A surety bond can be the single most important source of security available in the marketplace today. The firm has the experience and knowledge to protect that security.

We aggressively pursue claims against design professionals for defect and deficiency claims due to negligence, building code violations and other violations of professional responsibility. We have also defended such claims on behalf of architects such as AECOM. Our Firm through its Chair Steven B. Lesser spearheaded the change in the law in a 1999 landmark decision which was successfully argued before the Florida Supreme Court to make design professionals accountable to those that have sustained damage due to design errors in the absence of contractual privity (Moransais v Heathman).

Representative Cases
Moransais v. Heathman, 749 So.2d 973 (Fla. Supreme Court): This Florida Supreme Court overturned it’s previously held view of the Economic Loss Doctrine providing that any aggrieved party may recover damages from a design professional based on negligence, without the economic loss rule acting as a bar to such claims. This historic case reversed a trend in the courts that prohibited those not in privity with homeowners, including condominium associations, from suing design professionals for damages resulting from their negligent conduct.

Contract preparation is key to a successful construction project. The contract forms the basis and foundation for the entire project by addressing key issues including the standard of care for performance, indemnification, warranties, change orders, termination clauses and others. The Firm has been involved with developing contracts for different approaches to construction of new projects including design-build, construction management and turnkey construction. We work closely with clients to establish efficiencies in document control and record keeping, schedule logs, cost accounting records. We also offer educational workshops on key contract provisions for the client’s staff to understand the impact of various contract provisions including learning about various methods of recovery, calculating potential damages and risks, and understanding alternative dispute resolution methods that can be address in the construction contract. The Construction Law Practice Group is intimately familiar with the full suite of AIA Form Documents and essential modifications required to properly protect its clients. Representative matters:

• Becker attorney Steven Lesser handled all of the construction contracts for the Dali Museum from the very beginning of the project until its completion. He drafted and negotiated the AIA form documents between the owner and its architect, contractors and consultants. He evaluated various claims during the process and negotiated the claims on the owner’s behalf until a resolution was achieved.
• Sunrise Sports & Entertainment hired Becker and attorney Steven Lesser to handle the construction contracts for its new ice hockey practice facility for the National Hockey League’s Florida Panthers. The Firm handled the contract preparation and negotiation. The contract addressed issues such as scope of project, timeline, substantial completion, payment scheduled, dispute resolution, pricing, reimbursable costs, change orders, labor costs, debris removal, royalties and license fees, accounting and record keeping, payment schedule and process, termination or suspension provisions insurance, bonding and more.
• Becker attorney Steven Lesser was hired to prepare, negotiate and counsel Swire Properties Inc. on all of the construction contracts for the Brickell CitiCentre Project in Miami, Florida. This is a large scale, mixed use, green sustainability project consisting of over 5 million square feet of retail, condominium and office structures in the heart of Miami.

Claims for Defects and Deficiencies
(Community Associations, Owners, Contractors, Governmental Agencies, Design Professionals)
The Firm has handled  the prosecution and defense of hundreds of varied construction-related cases, many of which have involved extremely complex issues with a multitude of defendants and scores of construction defects. Construction defects and deficiencies relating to residential, public and commercial construction including roofing defects, water intrusion, structural life safety issues; Our construction attorneys handle cases from single and multi-family dwellings to large commercial buildings, planned unit developments, retail, industrial and governmental projects. The team has decades-long experience in the representation of property owners including governmental entities, developers, homeowners, contractors and subcontractors, design professionals, sureties, materials manufacturers in connection with construction of schools and other government buildings, high rise and other residential developments, condominium conversions of older rental property, commercial property, mixed use projects.

All owners of construction projects must comply with Chapter 558, Florida Statutes (“Notice and Right to Cure”) when an owner seeks damages due to construction or design defects. Our Firm has been intimately involved with the pre-suit process associated with Chapter 558. In fact, shareholder Steven Lesser has authored three articles dealing with Chapter 558 for the Florida Bar Journal which addresses the requirements and strategy associated with this statute. “How To Comply with Chapter 558 Florida Statutes: Current Challenges and Future Changes” (co-authored with Larry R. Leiby), Florida Bar Journal (February 2009); The 2004 Amendments to Florida’s Construction Defect Statute: some Solutions and More Confusion, Florida Bar Journal, (2004); “Florida’s New Construction Defect Statute, The Aggrieved Owner’s Obstacle Course”, Florida Bar Journal, (2003). Mr. Lesser has lectured lawyers throughout the State on Chapter 558, Florida Law including those attending the course to become Board Certified in Construction Law by the Florida Bar.

The Construction Law Group has handled complex delay claims for a host of representative clients including developers such as Swire Properties, Inc. Broward Community College, Broward County School Board, Carnival Cruise Lines and others relative to the prosecution and defense of these types of claims.

Construction lien perfection, prosecution and defense are a big part of Becker’s construction practice. The Construction Lien Law established the ground rules for enforcing a construction lien on real property however, it continues to create confusion among industry professionals. Firm attorneys work closely with clients in the construction industry to understand the operation and enforcement of the Construction Lien Law and the importance of timely attention to notices received from contractors, suppliers and others furnishing labor or materials or that provide certain professional services to real property.

We work with clients regarding procedures for proper payment to contractors; the responsibilities to subcontractors and suppliers; the impact of payment and performance bonds; the consequence of contractor liens. Lee Weintraub, vice-chair of the Firm’s Construction Group, has taught the Florida Construction Lien Law to lawyers studying to take the Florida Bar’s Construction Board Certification Exam every year the Certification Review Course has been offered.  He has taught the Lien Law to contractors large and small and to owners of construction projects including in-house construction teams at a major Orlando theme park.

The Construction Law Group works closely with clients in the area of construction licensing. Firm attorneys have represented contractors, individual qualifiers, engineers and building inspectors and officials in license complaints, as well as having filed numerous complicated license applications for clients.

Clients depend on our ability to investigate, litigate, mediate, and arbitrate construction disputes. With a focus on mitigating or avoiding potential high-cost disputes, the firm’s construction defects litigation team helps clients prevent or mitigate potential disputes from arising in the first place. When disputes do arise, the firm’s lawyers have the expertise and experience in resolving high-stakes controversies through litigation, mediation and arbitration, as well as securing insurance coverage for many of these claims.

Becker represents contractors of all sizes at the Federal, state and local level in protest litigation challenging or defending contract award decisions. We also represent clients in pre-award protest litigation concerning the terms of solicitations. In addition, we provide advice to local government clients about conducting procurements and minimizing the risk of future protest litigation. Our experienced team of government contracts lawyers have handled bid protests for clients in practically every industry.

The rules for bid protests vary greatly depending on the jurisdiction. Whether an award to your company is the subject of a bid protest or you believe you have grounds to initiate a bid protest, it is important that you contact someone who understands the process. Becker’s attorneys, with their vast experience with the entire public procurement process, can help you defend a bid protest and keep a contract you’ve won or initiate a bid protest to win a contract you thought you lost.

Services Provided

• Assist prospective bidders with interpretation and analysis of bid documents
• Representation at pre-bid meetings, selection and negotiation committee meetings
• Representation at board and commission meetings
• Handle bid protests and litigation
• Intervention in bid protest proceedings
• Advise on public records and sunshine law matters
• Draft and revisions to purchasing codes and policies
• Drafting of bid documents
• Representation of public agencies

Notable Client Representations:

• Successfully defended a bid protest and assisted with the award of a $38,832,000 contract to Audio Fidelity Communications Corporation (d/b/a Whitlock) for Instructional Interactive Flat Panels Hardware/Software from the Palm Beach County School Board.
• Successfully protested multi-million dollar contract awards by the United States Air Force through the GAO, resulting in corrective actions taken by the Air Force.
• Procured a Final Summary Judgment on behalf of Premier Parks, LLC in U.S. Southern District Court of Florida, Case No. 15-62218, permanently enjoining the City of Ft. Lauderdale’s performance of a long-term lease to a private developer entered into without competitive bidding.
• Defeated a bid protest and appeal to preserve a multi-million-dollar contract award to a leading national audit and tax firm to provide government auditing services for Broward County. (If you need the client, its RSM US, LLP).
• Successfully defended a bid protest and defeated a subsequent emergency injunction action in the circuit court in Broward County to preserve a multi-million dollar contract award to a janitorial services client for various County locations.
• Defeated a challenge to the award of a multi-million-dollar contract to a public transportation client by the South Florida Regional Transit Authority for operating services for the commuter bus system.
• Successfully protested the award of a multi-million dollar, multi-year janitorial services contract for the Palm Beach County Airport.
• Served as lead counsel on behalf of James A. Cummings, Inc., and successfully defended a challenge to Broward County’s award of a contract for the construction of the new Broward County Courthouse.
• Served as lead counsel on behalf of Limousines of South Florida, Inc. and successfully defended Collier County’s award of its Management Services Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Program (“RFP”).
• Served as lead counsel on behalf of Limousines of South Florida, Inc. and successfully defended Broward County’s award of its contract for Shuttle Bus Service at Fort Lauderdale/Hollywood International Airport. (Academy Express, LLC v. Broward County, and Limousines of South Florida, Inc., 53 So.3d 1188 (Fla. 4th DCA 2011).
• Served as lead counsel on behalf of Dallas 1 Construction & Development, Inc. and successfully protested and assisted with the award of the City of Tampa’s utility maintenance contract.
• Served as lead counsel on behalf of Severe Incident Recovery Team, LLC and successfully defended the Florida Department of Transportation’s award of its towing and roadside repair contract for a portion of the FloridaTurnpike (DOT RFP NO-08/09-8005-EH).
• Served as lead counsel on behalf of Vision Marketplace, Inc. and successfully defended the Department of Veteran Affairs’ contract award for the provision of eye glass services to veterans in Broward County, Florida. (GAO File No. B-296231.2; B-296231.3)
• Served as lead counsel on behalf of Ikon Office Solutions, Inc. and successfully challenged the School Board of Orange County’s proposed contract for networked digital multi-functional devices, which preserved Ikon’s status as the incumbent services provider.

Our business litigators have vast experience in this broad category of the law, including corporate, partnership and limited liability company dissolutions, fraud, employment contracts, commission and compensation agreements, non-competition agreements, and shareholders’ disputes.

Representative Cases

• Obtained a jury verdict for compensatory and punitive damages in the amount $11,906,171 against four bulk-buyer-related, former condominium association directors under claims of breach of fiduciary duty based on actions taken by the former directors that were contrary to the interests of the association and its owners, in Shores of Panama Resort Community Association, Inc., Plaintiff, v. Solly Halberthal, Isere Halberthal, Joshua Ostreicher, and Jay Glatter, Defendants (2016).
• Obtained a ruling by Fourth District Court of Appeal in Lyons v. Lyons (2015), which held for the first time that a married grantor of homestead property cannot challenge the deed she signed without joinder by her husband because she lacked standing to do so.
• Prevailed at trial and on appeal on behalf of a real estate developer in a breach of contract suit against famed boxing promoter Don King regarding a parcel of property located in Palm Beach County, in DK Arena, Inc. v. E.B. Acquisitions I, LLC (2010). The decision affirmed the trial court’s finding that Mr. King breached obligations in a dispute concerning a $23-million purchase and sale agreement for real estate. This case also firmly established the precedent that detrimental reliance upon verbal representations in the context of a real estate transaction can, under certain circumstances, overcome the statute of frauds.
• Prevailed on behalf of the purchaser of assets from a bankruptcy estate in an adversarial bankruptcy matter authorizing the purchaser’s acquisition of assets from the trustee, in In re Chira (2009).
• Prevailed on behalf of property owner seeking disbursement of loan proceeds in action brought by mortgage broker, seeking to freeze loan proceeds as security in commission dispute, in Cohen Financial, LP v. KMC/EC II/LLC, 967 So. 2d 224 ( Fla. 3rd DCA 2007).
• Prevailed on behalf of client seeking reversal of trial court judgment holding individual personally liable, in Penichet v. American Recruiters Consolidated, Inc., 929 So. 2d 738 (Fla. 4th DCA 2006).
• Successfully represented business owners and former distributor of computing product in prior employer’s claims for patent infringement and non-compete restrictions contained in distribution agreement. Court ordered nominal damages against former distributor on patent infringement under the doctrine of equivalence, and determined no breach of post-employment restrictive covenants, pursuant to jury verdict, in Aqua Massage Int’l, Inc. v. Licht, 2004 WL 2359346, 18 Fl. Weekly Fed. D 28, (S.V. Fla. 2004).
• A challenge over corporate control by a deposed president/director against our clients, the new president and the company, seeking $100,000,000 (settled very favorably to our client).
• Defended a $400-million lawsuit by the FDIC against third-party providers for bank fraud.
• A $10 million contract dispute in Los Angeles, between our client – a European company – and the Plaintiff, a former representative seeking commissions.
• Represented Officers of Public Corporation in a Breach of Contract and Fraud case against Public Corporation and its primary shareholder for failing to pay Officers performance bonuses in excess of $10,000,000 for structuring and closing sale to company that privatized company. Prior to trial case resolved by way of settlement.

One way to judge a firm’s litigation strength is through its history of appellate decisions. Becker has been involved in nearly 300 appellate cases. We are not newcomers to the field of litigation and appellate work, and particularly real estate litigation. Our case list shows our leadership on a wide range of issues including Constitutional issues, the applicability of federal anti-trust laws, statutory construction, and director liability. Other cases involve zoning, site plan, easement, and permitting issues. Finally there are our many $1,000,000+ construction litigation victories, along with a leading case in which our form of complaint in construction litigation was adopted by the appellate court as the proper model, which many other  law firms have used ever since. Our Appellate lawyers are always available to provide litigation support and counsel on procedural and substantive issues before and during a trial, and in preparation for a possible appeal.

Representative Cases

• Obtained a ruling by the Fourth District Court of Appeal in Raiser-DC, LLC v. B&L Service, Inc. and Broward County, Florida (2018), which held that Broward County was required to disclose information about Uber’s operations at the Fort Lauderdale-Hollywood International Airport, despite Uber’s claims that the records were trade secret information and exempt from Florida’s Public Records Act.
• Obtained a ruling by Fourth District Court of Appeal in Lyons v. Lyons (2015), which held for the first time that a married grantor of homestead property cannot challenge the deed she signed without joinder by her husband because she lacked standing to do so.
• Prevailed on appeal on behalf of a transportation service provider in a bid protest dispute arising out of Broward County’s award of a shuttle bus contract for Fort Lauderdale-Hollywood International Airport, in Academy Express, LLC v. Broward County (2011).
• Prevailed on appeal on behalf of a residential land developer where the court held the developer was exempt from the disclosure requirements under the federal Interstate Land Sales Full Disclosure Act (ILSFDA) statute, in Van Hook v. The Residences at Coconut Point (2010).
• Prevailed at trial and on appeal on behalf of a real estate developer in a breach of contract suit against famed boxing promoter Don King regarding a parcel of property located in Palm Beach County, in DK Arena, Inc. v. E.B. Acquisitions I, LLC (2010). The decision affirmed the trial court’s finding that Mr. King breached obligations in a dispute concerning a $23-million purchase and sale agreement for real estate. This case also firmly established the precedent that detrimental reliance upon verbal representations in the context of a real estate transaction can, under certain circumstances, overcome the statute of frauds.
• Obtained an appellate court ruling that government officials enjoyed qualified immunity from suit based on officials’ land-use determinations concerning the interpretation of a comprehensive land-use plan, in Southwest Ranches v. Kalam, (2009). The Court held that the qualified immunity doctrine applied to officials at the earliest possible time, prior to having to incur an expense of defense including discovery. The Court based its application of the immunity doctrine on objective standards, concluding that the official’s intent was irrelevant to the application of the doctrine of immunity.
• Commenced an arbitration proceeding on behalf of client, UniFirst Corporation, in Hicks Unlimited v. UniFirst Corporation (2018-000468). The defendant filed a lawsuit in state court seeking to stop the arbitration proceeding on the ground that the parties had not agreed to arbitrate their disputes. The trial court agreed and entered summary judgment enjoining us from arbitrating. Becker appealed and the court entered an opinion overturning the trial court’s decision and requiring the parties to arbitrate.