Construction Litigation and Arbitration
Since 1999, Mr. Cotney has devoted his practice to construction law and in particular, construction litigation and arbitration. He routinely represents contractors, subcontractors, architects, engineers, suppliers, manufacturers, developers, associations, commercial owners and others in the construction industry. These disputes include claims involving claims of lien, payment and performance bonds, Miller Act bonds, prompt payment interest, negligent design, defective construction, equitable liens on undisbursed construction proceeds, equitable liens on property, construction defects, lien foreclosure, real property disputes, breach of warranty, breach of contract, unjust enrichment, disputes based on open accounts, tortious interference with business relationships, fraudulent misrepresentation, and defamation claims, among other things.
We have participated in dozens of commercial and construction arbitrations administered by the American Arbitration Association (AAA), JAMS and private arbitrators.
Construction Lien and Bond Claims
We prepare all lien and bond documents at fixed prices including the Notice to Owner, Claim of Lien, Contractor’s Final Payment Affidavit, Notice of Contest of Lien, Notice to Contractor, Notice of Non-Payment, Miller Act Notice, Request for Sworn Statement of Account, partial and final release of lien, and partial and final payment applications.
Alternative Dispute Resolution
We defend contractors, subcontractors, suppliers, manufacturers and others in the construction industry against OSHA citations and complaints. We are intimately familiar with the OSHA inspection and citation process, and frequently lecture as a State Accredited Department of Business and Professional Education continuing education provider on legal issues pertaining to OSHA.
In addition to responding to citations and participating at informal conferences on behalf of clients at the local level, we have also represented clients at the regional level after the Notice of Contest has been issued through the initial complaint and hearing process as well as on appeal. We have represented clients with serious, repeat, and willful, repeat violations including citations based on fatalities. Our years of experience dealing with inspectors and area directors allow us to efficiently navigate the process and provide clients with legal advice focused on increasing workplace safety. Finally, our knowledge of the process allows us to manage crises due to injuries or fatalities sustained by employees.
We defend contractors in licensing disputes on both a local and State level. We respond to Department of Business and Professional Regulation investigations and argue before the Construction Industry Licensing Board on behalf of contractors.
The types of claims we defend include complaints based on misallocation of funds, judgments relating to the practice of construction, renting your license, abandonment of a project, improper licensure, failure to obtain a permit, fraud, and failure to notify DBPR of prior criminal convictions.
Many construction companies bid county, municipal, state or federal public projects. Navigating the bid process can be a difficult procedure. We represent companies throughout the bid protest process and can either assist a protesting bidder in challenging government action or represent the winning bidder and defend against protests which challenge the validity of the award. We have performed bid protests both through the Administrative Procedure Act (APA) and through local ordinances and are familiar with the legal and political issues involved in protesting a bid.
Contract Review and Drafting
We have extensive experience in reviewing and drafting a wide variety of legal documents. We have prepared everything from a one page terms and conditions to a four inch bid package. As part of this service, we offer a fixed price for drafting contract forms.
In addition, we have reviewed and revised hundreds of contracts including all major American Institute of Architects (AIA), ConsensusDOCS, and Associated General Contractors (AGC) forms.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.