Gary L. Brown

Partner

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Gary is the Chair of our Construction Group. He is Board Certified by The Florida Bar in Construction Law.  He practices in general commercial and business litigation, handling both complex and routine matters for clients with special expertise in construction-related matters, including:

  • Contract negotiation and dispute resolution;
  • Florida’s Construction Lien Law;
  • Payment and performance bond claims;
  • Construction defect and mold claims;
  • Delay, inefficiency and acceleration claims; and
  • Insurance/coverage disputes.

Gary has practiced law since 1995 in State and Federal trial and appellate courts throughout Florida, where he has gained extensive experience in both trial and arbitration proceedings.

Gary's construction litigation experience is primarily on the general contractor and subcontractor side, and includes representing owners with defect, lien, non-payment or other claims involving contractors and lower-tiered subcontractors. His owner-side representation also includes assisting municipalities and local governments in all aspects of public work projects, from writing RFPs and construction contracts, to carefully navigating through often difficult ongoing project disputes that jeopardize the proper and timely completion of the work to successful project close-out.

Gary’s construction experience has involved the successful representation of: JCI International in a $500K claim against the Miami-Dade County School District on a design-build elementary school project, and a $750K dollar claim against the Miami-Dade County Fire Rescue Service District on a design-build fire station project; T.A.G. in an arbitration claim exceeding $400K against terminated electrical subcontractor on a large commercial project to recover costs of correction and completion for defective work; Miller & Solomon General Contractors in an appeal of trial court's wrongful denial of motion to compel arbitration of subcontractor's claims (ruling no waiver of right to arbitrate despite two years of on-going litigation); K&A Lumber Co. in a $400K payment bond claim on metro rail project; Miller & Solomon General Contractors in a $2 million arbitration claim against terminated shell subcontractor and its performance bond surety on a luxury hi-rise condominium project; Freedom Pipeline in a $600K delay claim against FDOT; Fox Windows in defense of a $35 million water intrusion claim by apartment complex owner; Florida Memorial University in defense of a $4 million claim by developer following termination on a multi-million dollar student housing facility project.

His commercial litigation experience has involved the successful representation of: The Intense School in defense of claims for emergency injunctive relief and damages in shareholder derivative suit over corporate restructuring and sale of company shares; Best Title Solutions in defense of multi-million dollar claims by national institutional lender for alleged loan-kiting scheme; and American Cutting & Drilling in appeal of denial of coverage for multi-million dollar defective work claim under commercial general liability and umbrella policies.

Gary's recent governmental/municipal experience includes representing: Village of Islamorada in defect claims against design-builder and others involving multi-million dollar patented waste water vacuum collection system; City of Miramar in obtaining successful project completion of new park facility following claims against contractor and its surety for default and abandonment; City of Lauderhill concerning H.V.A.C. claims against contractor and design concerning new municipal complex, and negotiation of CM at risk construction contract for new performing arts center; City of Homestead in drafting Request for Proposal for new city hall project; and City of Coral Gables in negotiation of construction contract for new senior housing facility.

Published Works

  • "Indemnity Obligations in Construction Contracts-Risk Management from the Indemnitor’s Perspective," 2007 (legal editor)
  • "Can Construction Lenders Be Liable to Lienors?  Exploring Lienors’ Rights When a Project is in Foreclosure," Construction Ink!, Fall/Winter 2009
  • "Risk Transfer In The Construction Setting: Passing The Buck. Where Does It Stop?," Construction Ink!, Spring/Summer, 2004
  • "Sovereign Immunity And Government Contracting: What’s Happened Since Miorelli?," Construction Ink!, Fall, 2003
  • "Applying Contractual Venue Provisions To Lien Foreclosures And Claims Against Payment Bonds," Construction Law Chronicle, 2002
  • "Section 725.06, Florida Statutes, Undergoes Substantial Changes," Construction Law Chronicle, 2001
  • "Construction Law For Attorneys In Florida," ISCS Conference Lecture, 1999

Professional Associations and Memberships

  • Construction Association of South Florida (CASF)
    Government Affairs Committee
  • Broward County Bar Association
    Construction Law Committee
  • The Florida Bar Real Property
    Probate and Trust Law Section
    Construction Law Committee
  • Chair, Jury Instructions Subcommittee of The Florida Bar
  • The Florida Bar
    Member, Publications Subcommittee
    Member, Legislative Subcommittee
  • Engineering Contractors Association (ECA)
    Former Member

Certification/Specialties

  • Board Certified in Construction Law, The Florida Bar.

Reported Cases

  • Miller & Solomon General Contractors, Inc. v. Brennan's Glass Co., 824 So. 2d 288 (Fla. 4th DCA 2002).

Awards and Recognitions

  • "Super Lawyers," 2010-present
  • "Top Up & Comers," 2011

Presentations

  • "Indemnification in Construction Contracts," CEU Institute, 2006
  • "Managing Contract Changes/Handling Changes to Jobsite Conditions," NBI, Construction Law Seminar, 2008
  • "Damage Control: Addressing Claims and Disputes on Municipal Construction Projects"

Press Mentions