stearns & roberts p.a. firm brochure

www.fl orida-construction-lawyers.com Phone (954) 382-9199 Toll Free 888-382-9199

An Introduction to our Firm


Maybe you have never needed the services of an Attorney before, but now you do.Obviously, you want a Lawyer who is able to handle your particular Legal situation, and who has expertise in the area of Law relating to your legal needs.

To assist you in fi nding such a Lawyer, the Supreme Court of Florida directed The Florida Bar to offer a “Board Certifi cation” program for Florida Bar members. The program is designed to help the public make an informed decision when seeking and selecting a lawyer.

While all lawyers are allowed to advertise, only certifi ed attorneys are allowed to identify themselves as “Florida Bar Board Certifi ed” or as a “specialist”. Certifi cation is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in the areas of law approved for Certifi cation by the Supreme Court of Florida.

The Partners of Stearns & Roberts are Board Certifi ed in Construction Law, and offer high levels of compentency and experience in Construction LawLawyers certifi ed in Construction Law deal with matters relating to the design and construction of improvements on private and public projects including, but not limited to, construction dispute resolution, contract negotiation, preparation, award and administration, lobbying in governmental hearings, oversight and document review, construction scheduling analysis and delay claims, lending and insurance, construction licensing, and the analysis and litigation of problems arising out of the Flroida Construction Lien Law, section 255.05, Florida Statutes, and the federal Miller Act, 40 U.S.C 3131-3134.

Selecting a Lawyer Specializing in Construction Law


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What really makes the fi rm’s attorneys unique is their knowledge of the construction industry.

Clients of Stearns & Roberts, P.A., do not have to spend their time or money explaining to their attorneys the nuts and bolts of the construction industry or their specifi c trade or specialty.

Partner Michael E. Stearns started his construction career as a carpenter while he worked to earn his bachelor’s degree in building construction from the University of Florida, M.E. Rinker School of Building Construction. He is also a Florida Certifi ed Building Contractor and managed multi-million dollar construction projects as a project manager prior to embarking on his legal career.

Partner Douglas J. Roberts has practiced in construction law for over 16 years and has represented a wide-ranging group of clients in the construction industry.

Partner Richard E. Guttentag also holds a bachelor’s degree in building construction from the University of Florida, M.E. Rinker School of Building Construction and worked in the construction industry as an estimator prior to attending law school.

Attorneys who know the Construction Industry


Players:

Construction disputes and litigation can be devastating to your business. This is especially true if you are not represented by experienced counsel that understands how to effectively resolve disputes and protect your rights at trial, if necessary.

At Stearns & Roberts, P.A., we provide experienced legal representation in all aspects of construction law to help clients avoid, mitigate and resolve construction disputes effi ciently and effectively. The fi rm handles cases involving both public and private works. Clients represented by the fi rm include contractors, subcontractors, material suppliers, property owners, condominium associations, sureties and design professionals.

Dispute Avoidance and ResolutionThrough careful contract drafting, contract negotiations and pre-suit mediation, Stearns & Roberts, P.A., has helped many clients resolve disputes effectively prior to trial. If trial or arbitration is necessary, you can be confi dent knowing that all partners at the fi rm are board certifi ed by the Florida bar in construction law, and offer more than 40 years of combined experience in construction law.

The construction law attorneys of Stearns & Roberts, P.A., handle litigation, mediation and arbitration for the following issues (and more):

- Construction Lien claims and defense- Payment and Performance Bond claims and defense- Construction defect claims and defense- Construction insurance claims and defense- Construction delays- Construction defects- Change order disputes- Contractor/subcontractor disputes- Owner/contractor disputes- Condominium representation in construction disputes

Construction Litigation


Construction Delay DisputesTime is money. Many construction projects are subject to unanticipa-ted delays. Carefully negotiated construction contracts can help to defi -ne the expectations and responsibilities of parties and allocate risks accor-dingly. When delays do occur it is best to seek counsel as soon as possible.

Even in cases where contract language is clear, honest disputes about the change order process, owner requests, weather delays, subsoil condi-tions and other complex factors can cause complications and disputes.

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Construction DefectsAt Stearns & Roberts, our experienced Attorneys have decades of experience successfully repre-senting clients in construction defect disputes. The fi rm has a reputation for effectively resolving disputes at all stages of development, from preclaim demands to mediation, arbitration and trial.

The fi rm represents contractors, subcontractors, material suppliers, sureties, subcontrac-tors, property owners, condominium associations, sureties and material suppliers and de-sign professionals throughout the State of Florida from Palm Beach to the Florida Keys.

Construction defect issues handled by the fi rm include:

- Defects involving roofi ng systems, plumbing, electrical, hvac, fi re protection, drywall and stucco, waterproofi ng, excavation and land clearing, millwork, windows, concrete and shell work, landscaping, painting and wetland mitigation

- Code violations

- Defects caused by use of unauthorized/substandard materials

- Water intrusion and mold problems caused by defective construction

- Insurance coverage disputes in construction defect claims

Construction Insurance ClaimsOur Firm has been relied upon to act as counsel for contractors, subcontractors, material suppliers, sureties, subcontractors, property owners, condominium associations, sureties and ma-terial suppliers and design professionals in a wide range of construction law claims, including:

- Construction defects litigation

- Condominium warranty claims

- Condominium defect claims

- F.S. 558 claims

We are committed to vigorously defending the rights of clients throughout the course of cons-truction disputes, including mediation, arbitration, trial and appeals.


In addition to a proven record of success in construction

litigation, the fi rm’s attorneys are respected for their ability to successfully resolve disputes

through the time and cost-saving process of alternative dispute

resolution (ADR), including mediation and arbitration.

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Mediation, Arbitration &

Alternate Dispute Resolution

We are dedicated to providing clients with value-driven legal services. As part of the fi rm’s com-mitment to cost-effective representation, a signifi cant emphasis is placed on effective methods of alternative dispute resolution (ADR), including mediation and arbitration.

The fi rm represents clients in mediation and arbitration of construction disputes, including:

- Construction contract disputes- Construction delay disputes- Construction defects claims- Construction lien disputes- Payment/performance bond disputes- Construction insurance claims

Mediation is required in courts throughout Florida to resolve disputes that are the subject of construction litigation. Most courts required the parties to mediate prior to going to trial. While arbitration is not required by law, many construction contracts have mandatory arbitration clau-ses and also require mediation as a condition to proceeding with binding arbitration.

Cost-Effective Dispute ResolutionStearns & Roberts, P.A., strongly believes in the value of ADR services. Mediation and arbitra-tion can provide an effi cient and cost-effective alternative to protracted litigation.


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Mediation is an ArtWhen done right, mediation is an art. A skilled attorney can prepare your case properly for mediation and improve your chance of resolving disputes and avoiding unnecessary costs associated with a lengthy trial. Each of the senior attorneys at Stearns & Roberts, P.A., is skilled in the art of mediation and is board certifi ed by the Florida bar in construction law.

Arbitration is not a Trial runWhile arbitration is not as formal as a trial, your attorney must be thoroughly prepared with an understanding of all relevant case facts and a strong knowledge of case law that is rele-vant to your construction dispute. The experienced construction law attorneys at Stearns & Roberts, P.A., prepare meticulously for arbitration to effectively protect your rights.

Call us today for a free

consultation with an

experienced construction law expert


Construction ContractsMany construction disputes arise due to unexpected delays, challenging project condi-tions, adverse weather conditions, and other project complications that were not an-ticipated at the time an owner and contractor entered into a construction contract.

Experienced construction law attorneys are knowledgeable about the issues that fre-quently result in construction disputes, and can enable parties to better avoid disputes through carefully drafted construction contracts and meaningful contract negotiations.

When disputes arise despite careful contract preparation, an experienced construc-tion law attorney can often help resolve disputes in an effective manner that avoids the time and cost of protracted litigation. Should litigation ensue, a skilled trial lawyer who is knowledgeable about the construction industry and construction law is essential.

The fi rm offers a full range of construction contract services, from contract draft and review to negotiations, mediation of disputed contract claims, arbitration of contract disputes and trial representation when disputes cannot be effectively resolved through less costly measures.


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In addition to their extensive knowledge of construction law,

the attorneys of Stearns & Roberts, P.A.,

have a strong background in the construction

industry.

Attorney Michael E. Stearns holds a Bachelor of Science in

Building Construction and is a

Florida Certifi ed Building Contractor and

former Project Manager

Attorney Richard E. Guttentag holds a

Bachelor of Science in Building Construction

and has worked as an estimator prior to

embarking on his legal career.


Construction LiensWe are committed to protecting the rights of contractors, subcontractors and material suppliers.

As a contractor or supplier, you have a right to place a lien on the property of an owner who has refused or failed to make payment for your services.

Stearns & Roberts, P.A., helps contractors and suppliers secure payment for their work through construction liens. The fi rm has the experience necessary to properly prepa-re and record construction liens, including satisfaction of all notice and recording re-quirements. The fi rm also defends property owners against construction lien claims.

Get Help From an Experienced Construction Attorney

Construction liens are governed by Florida’s “Construction Lien Law,” Chapter 713 et seq. Failure to strictly comply with statutory notice and recording requirements could impair your right to secure a construction lien.


Payment Bonds As a contractor, you know that payment bonds are required on all public cons-truction projects over $200,000. Since a construction lien cannot be placed on pu-blic property to secure payment of subcontractors and material suppliers, payment bonds are an essential part of government construction projects. On bonded pri-vate projects, the payment bond takes the place of the owner’s property as secu-rity for the payment of work performed by subcontractors and material suppliers.If you are involved in a payment bond dispute, you can fi nd the experienced le-gal representation you require at Stearns & Roberts, P.A. The fi rm helps contrac-tors secure payment bonds and represents clients involved in construction pa-yment bond disputes.Get Help From an Experienced Construction Attorney.

Performance BondsPerformance bonds are often issued in addition to payment bonds on both public and private jobs. Performance bonds are designed to ensure the satisfactory completion of the project by the contractor. If the contractor fails to complete the project in accordance with specifi ed contract terms, the property owner may receive damages in an amount up to the value of the performance bond, or require the surety to complete construction.

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Bid ProtestsThe construction law attorneys of Stearns & Roberts, P.A., aggressively defend the rights of contractors in bid protests. If your bid has been challenged or you feel another contractor’s bid should be challenged, contact Stearns & Roberts, P.A.

With more than 40 years of combined construction law experience, Stearns & Roberts, P.A., can provide the experienced representation you require. Since the fi rm practices ex-clusively in construction law, you can be confi dent that your legal matter is in the hands of experienced professionals

The Bidding ProcessWhen a government municipality or agency accepts bids for a public construction pro-ject, they must comply with laws designed to prevent undue favoritism. As a general rule, government entities are expected to choose the contractor who can do the best job at the most competitive price.

However, government entities are granted signifi cant latitude in choosing which bids to accept or deny. One of the most important services that a construction law attorney can provide to a contractor, therefore, is a candid assessment of their chances of success in a bid protest and if necessary, guide the client the bid protest administrative process to resolve the dispute.

Experienced and Candid RepresentationAt Stearns & Roberts, P.A., contractors receive experienced legal representation from attorneys who provide sound legal advice. If you need a candid assessment of your chance for success in a bid protest, you can rely on Stearns & Roberts, P.A.


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Firm PartnersMichael E Stearns | Partner

Michael E. Stearns has practiced exclusively in the area of Construction Law since 1996 and was designated as a Board Certifi ed Expert in Construction Law by the Florida Bar in 2005, the fi rst year this designation was available. Mr. Stearns is “AV” Rated by Martindale Hubbell, the highest professional peer rating for legal ability and ethical standards. He is listed among the “Best Lawyers in America”, “Florida Super Lawyers” and “South Florida Top Lawyers”. Mr. Stearns has been a Florida Certifi ed Building Contractor for more than two decades. He started his construction career in the 1980’s as a carpenter while working to earn his Bachelor’s degree in Building Construction from the University of Florida, M.E. Rinker School of Building Construction. He has worked as an estimator and as a superintendent and managed multi-million dollar construction projects as a project manager prior to embarking on his legal career.


Douglas J Roberts | Partner

Mr. Roberts has been Board Certifi ed in Construction Law by the Florida Bar. since 2005. Mr. Roberts received his Juris Doctorate from Nova University’s Shepard Board School of Law in 1994. He holds a Bachelor of Arts degree in Political Science with a Minor in History from Southern Illinois University, Carbondale, Illinois. He was a member of the Nova Law Review, and Editor-in-Chief of the law school newspaper, the Nova Law Reporter. Mr. Roberts has been practicing in the areas of Construction Law and Commercial Litigation for over fi fteen years, and has been listed in Florida Super Lawyers. He is a member of the Broward County Bar Association (Member, Construction Law Committee) and the Florida Bar. He is also actively involved in construction related trade associations, including the Construction Association of South Florida, and the Associated Builders and Contractors. He lectures frequently on construction related topics to contractors and lawyers.

Firm Partners


Richard E Guttentag |Partner

Mr. Guttentag is Board Certifi ed in Construction Law by the Florida Bar. Mr. Guttentag Concentrates his practice exclusively in construction law, including construction lien claims and defense, payment and performance bond claims and defense, construction contract preparation and negotiation, and construction and design defect claims and defense. Mr. Guttentag received his Juris Doctorate Degree from Nova Southeastern University Shepard Broad Law Center. He holds a Bachelor of Science in Building Construction (cum laude) from the University of Florida, M.E. Rinker School of Building Construction. He received the Highest Grade Award in Alternate Dispute Resolution while attending law school. Mr. Guttentag is admitted to practice in all Florida State Courts, and the U.S. District Court Southern District of Florida. He is a Member of the America Bar Association, Florida Bar Association and Broward County Bar Association. Mr. Guttentag frequently lectures to Contractors, Subcontractors and Professionals on Construction Law issues.

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Leandro L Lissa | Attorney

Leandro Lissa earned his Juris Doctor degree from Florida State University, where he was a member of the school’s distinguished Journal of Land Use and Environmental Law, which is nationally recognized as one of the premier Land Use and Environmental Journals in the United States. Mr Lissa’s practice concentrates primarily in the area of construction related matters, including litigation, arbitration and mediation of construction disputes, lien claims, and construction defect claims and defense. Mr Lissa is admitted to practice in all state courts in Florida, the United States District Court for the Southern District of Florida and the United States Bankruptcy court for the Southern District of Florida. He currently holds Memberships with the Florida Bar Association, the American Bar Association, and Associated General Contractors, South Florida Chapter. He is fl uent in Spanish.

Firm Associates

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Caryn Pincus | Attorney

Prior to her admission to the Florida, New York and New Jersey Bar, Ms Pincus attended Florida Atlantic University in Boca Raton, Florida where she earened a Bachelor of Arts in Political Science in 2002. She then earned her Juris Doctorate at Touro College Jacob D Fuchsberg Law Center, where she graduated cum laude in 2006 and was named to the Dean’s list for the Spring 2004 - 2006 academic years. While attending law school, Ms Pincus received the Highest Grade Award in Contracts II and Disability Law. During Law School, Ms Pincus was also the Vice President of both Phi Alpha Delta International Law Society and the Jewish Law Students association. Ms Pincus served as an intern at the New York State Supreme Court, Appellate Division, First Department, and also prosecuted a wide range of family law matters as an Intern for Nassau Suffolk Law Services. Ms Pincus has been practicing in the areas of Commercial Litigiation and Family Law since 2006. Her experience includes a focus on complex corporate, fi nance, and real estate disputes, as well as a wide range of family law.


1000 Sawgrass Corporate ParkwaySuite 552

Sunrise, Florida, 33323

Telephone (954) 382-9199Facsimile (954) 382-9063

email [email protected]

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