The Construction Law team provides legal counsel to clients regarding complex construction and regulatory compliance issues and, when necessary, represents clients in civil and administrative litigation involving construction claims, state and federal administrative defense, building code and building defect disputes, contract claims, delay claims, bond claims, claims of lien and foreclosure, and state and federal bid protests.
Litigation and Dispute Resolution
The team handles both public and private sector disputes, involving commercial and residential projects. Their representation extends to almost all participants in the construction industry, from commercial and residential property owners to developers, engineers, general contractors, site contractors, subcontractors, homebuilders, and suppliers.
Attorneys on the team have handled a variety of public sector disputes involving local, state and federal government(s), including those arising from commercial building construction, complex hydrologic restoration and earthwork projects, road and bridge construction, rehabilitation and repair projects, as well as landscaping, irrigation and maintenance projects. Additionally, team members are experienced with Florida’s lien law and assist clients regularly with preparing notices to owners, notices to contractors, and claims of lien.
Federal Regulatory Compliance
The construction attorneys maintain a focused knowledge about federal administrative defense and regulatory compliance. Specifically, some of these attorneys concentrate on matters relating to Occupational Safety and Health Administration (“OSHA”) enforcement actions. They handle disputes with OSHA beginning with the initial onsite inspection with the federal officers, through the administrative trial court phases, and up to any appeal. Ausley McMullen’s OSHA defense involves representing clients engaged in manufacturing, distribution, trucking, general contracting, and the subcontracted trades performing framing, roofing, underground utility installation, and electrical contracting.
The firm’s OSHA defense is not limited to active disputes but includes preventative efforts such as the preparation of safety and health training programs, policies, and procedures designed to bolster employers’ defenses against future administrative enforcement.
State Licensure, Disciplinary Proceedings, and Regulatory Compliance
Ausley McMullen’s construction attorneys regularly represent design and construction professionals, including contractors, engineers, electricians, and other professionals licensed by Florida’s Department of Business and Professional Regulation (“DBPR”) in disciplinary proceedings and application hearings before both state and local boards. Additionally, the team advises clients regarding various state regulatory compliance issues, such as workers’ compensation, environmental concerns, land use orders, zoning decisions, and other administrative investigations.
Attorneys on the Construction Law team work closely with attorneys on the firm’s other teams including Real Estate and Lending, Corporate, Employment Law, Tax, and Land Use, Zoning and Environmental Law to meet the varied needs of their clients. Though this collaboration, Ausley McMullen provides preconstruction legal services, such as contract review, drafting, and negotiation.