Complex Litigation - Representative Cases

Condominium Construction Litigation

Engaged as lead trial counsel by condominium association counsel for:

  • A four-week jury trial involving claims for $5.15 million in damages resulting from defective design and installation of a patented floor slab system in a 500-unit condominium project (Samari Lakes Condominium v. Epic Metals Co., Dade Co. Fla. Cir. Ct.);
  • Extensive summary judgment hearings and a three-week class action preliminary trial establishing existence and commonality of numerous construction defects involving claims for $5 million in damages throughout an 88-building complex (Kings Point, Palm Beach Co. Fla. Cir. Ct.);
  • Preparation for a three-month jury trial involving claims for $3.9 million in damages for the defective design and construction of a Florida Keys highrise condominium building resulting in failure of a post-tension floor slab system (Bonefish Towers Condominium v. Toppino Concrete, Dade Co. Fla. Cir. Ct.);
  • Summary judgment followed by a bench trial involving claims for $2.1 million in damages for fire-rating defects and other defective construction (Bay Colony Club Condominium v. Drexel Properties, Broward Co. Fla. Cir. Ct.);
  • Pre-litigation settlement involving claims for millions of dollars of damages resulting from a defective fire sprinkler system throughout an entire 35-story new luxury high-rise condominium (The Palms 2100, Ft. Lauderdale, FL);
  • Preparation for trial involving claims for damages to replace entire glass balcony railing system in a luxury highrise, after summary judgment on the issue of defective installation and establishing the basis for CGL insurance liability (Venezia Las Olas Condominium Ass'n, Inc. v. Premier Developers I, LLC, Broward Co. Fla. Cir. Ct.).

Commercial Construction Litigation

Engaged as lead trial counsel by corporate or outside counsel for national corporations in the following complex cases:

  • International Paper's Masonite Corporation in Florida and national building product liability claims; coordinated discovery in class actions and other related litigation throughout the country; lead trial counsel for a seven-week jury trial involving claims for $100 million (Robert C. Malt & Co. v. Masonite Corporation, Palm Beach Co. Fla. Cir. Ct.);
  • Los Angeles County Employees Retirement Association and LendLease Corporation against general contractor and insurers involving claims for $6.85 million in damages caused by defective waterproofing of the buildings in a large rental investment complex;
  • Purac Engineering Co. and Kidde Consultants, Inc., in year-long multi-million dollar federal and state multi-party litigation surrounding the construction of a waste treatment facility for the City of Fort Lauderdale (Harry Pepper and Assoc. v. Purac Engineering, Inc., et al., USDC, SD Fla. and Broward Co. Fla. Cir. Ct.);
  • Pulte Home Corp. in claims for alleged defects in an entire housing subdivision, and a land development dispute in a major multi-phase development;
  • Columbia/HCA Healthcare Corp. in litigation over hospital construction claims;
  • WCI Communities, Inc. in Civil Rights Act litigation against the City of Coral Springs resulting from the city's building moratorium;
  • Simon Property Group in cost overrun claims at "The Shops at Sunset Place" in South Miami;
  • Sunbeam Corp. in litigation over leasehold build-out claims against the developer/landlord of its headquarters office complex;
  • Landis & Gyr Powers, a national contractor/supplier of building control systems, in diverse claims and controversies in construction projects throughout Florida;
  • Toll Brothers, Inc., a major national high-end homebuilder, in employee termination disputes and claims.

In addition, Mr. McConnell has been engaged by other counsel to provide litigation and trial support involving construction disputes among owners, contractors, subcontractors, materialmen and sureties involving such projects as:

  • The international terminal at a metropolitan airport in Pennsylvania;
  • A major theme park in Florida;
  • A dry flue gas desulfurization and particulate removal system for a metallurgical vanadium plant in Ohio;
  • A new criminal court complex involving more than 30 prime contractors, subcontractors and design professionals in New York;
  • An NFL stadium in Michigan; and
  • Numerous retail and residential developments in Florida.

Our construction litigation experienced has led to significant assignments in complex construction contracting, including:

  • Public Buildings: Mr. Lipton was engaged by Palm Beach County Attorney to negotiate and prepare the Program Manager and Architect agreements for the $140 million Judicial Center complex in West Palm Beach (Palm Beach County Judicial Center);
  • Public Works: Mr. McConnell and Mr. Lipton were engaged by the attorney for the prime contractor to assist with preparation of key contracts for other contractors and for the primary piece of equipment, the tunnel-boring machine, for $652 million tunnel project (Port of Miami Tunnel Project).

Eminent Domain

  • Public Utilities: As lead trial counsel, Mr. Lipton headed up teams of lawyers and consultants, organized, prepared for trial and conducted the pretrial hearings preceding summary judgments in the government takings - by the City of Port St. Lucie ($110 million in claims) and by Charlotte County ($250 million in claims) - of entire public utility systems;
  • Road Construction: Mr. Lipton was engaged as lead trial counsel for Broward County in defense of millions of dollars in claims, concluding years of inverse condemnation litigation involving a major road-widening project.

Business Practices

Mr. Lipton's experience includes major cases involving claims of improper business practices, including:

  • Anti-trust: Defending Dillard Department Stores in the Ticketmaster antitrust litigation (Koss v. Ticketmaster, et al., USDC, SD Fla.).
  • Non-compete: Resolving federal and state court litigation for Coldwell Banker Residential Real Estate, Inc. affecting its expansion into South Florida.
  • Trade Practices: Defending Bridgestone/Firestone, Inc. in a $25 million Lanham Act and unfair trade practices federal court lawsuit brought by Tire Kingdom, Inc. (Tire Kingdom, Inc. v. Don Olson Tire Centers, et al., USDC, SD Fla.).

Other Significant Experience

  • Jury Consultation: Mr. Lipton designed voir dire and assisted at trial as consultant in jury selection in defense of a $300 million action for securities fraud before Broward County jury for New York defense counsel, Paul, Weiss, Rifkind, Wharton & Garrison LLP, in Ginsburg v. Gambro AB and Cobe Laboratories, Inc., Broward Co. Fla. Cir. Ct.
  • Criminal Jury Trials: Mr. Lipton handled first-degree murder and other major felonies as Executive Assistant Public Defender in Dade County, Florida; and, in private practice, participated in major multi-defendant trials in federal courts in Key West, Miami, Fort Lauderdale, West Palm Beach and Tampa.

Litigation support necessarily extends to the appellate level and requires the protection of the trial-court record to preserve the right appeal and the shaping of issues at trial to assure proper presentation on appeal. Mr. McConnell has handled the briefing and argument of well over 100 appeals in state and federal courts for other counsel, including:

  • Casa Clara Condominium Ass'n, Inc. v. Charley Toppino and Sons, Inc., 620 So.2d 1244 (Fla. 1993) (economic loss rule);
  • Charley Toppino & Sons, Inc. v. Seawatch at Marathon Condominium Ass'n, Inc., 658 So.2d 922 (Fla. 1994) (condominium act and statute of limitations);
  • Sentry Select Ins. Co. v. LBL Skysystems (U.S.A.), Inc., 281 Fed.Appx. 93 (3d Cir. 2008) (construction of indemnification agreement);
  • Eaton v. Dorchester Development, Inc., 692 F.2d 727 (11th Cir. 1982) (interstate land sales act);
  • Miracle Center Development Corp. v. M.A.D. Const., Inc., 662 So.2d 1288 (Fla. 3d DCA 1995) (construction lien);
  • Tampa Armature Works, Inc. v. Tom Quinn Co., Inc., 654 So.2d 304 (Fla. 4th DCA 1995) (attorney fees under indemnification provision);
  • Durie v. Guardianship of Durie, 706 So.2d 405 (Fla. 3d DCA 1998) (guardianship);
  • Saltponds Condominium Ass'n, Inc. v. McCoy, 972 So.2d 230 (Fla. 3d DCA 2007) (statute of limitations);
  • West Point Const. Co. v. Helms, (Edd), Inc., 581 So.2d 183 (Fla. 3d DCA 1991) (tortious interference);
  • Leiva v. Investment Capital Partners, Inc., 990 So.2d 1076 (Fla. 3d DCA 2008) (real estate deposit);
  • Harrington v. Batchelor, 781 So.2d 1133 (Fla. 3d DCA 2001) (shareholder agreement);
  • Torres v. Reimondez, 979 So.2d 1074 (Fla. 3d DCA 2008) (partnership agreement);
  • Turner Const. Co. v. E & F Contractors, Inc., 939 So.2d 1108 (Fla. 3d DCA 2006) (subcontractor claim);
  • Edelstein v. Alexander, 746 So.2d 565 (Fla. 3d DCA 1999) (interpretation of building code);
  • Astaldi Const. Corp. v. M. Held Plumbing Co., Inc., 710 So.2d 225 (Fla. 3d DCA 1998) (damages for breach of substantially performed, partially performed, and uncommenced construction contracts).