Construction Law

Jason C. Maier

has been Board Certified by the Florida Bar as a specialist in the area of Florida Construction Law since 2006; located in West Palm Beach he has handled construction law claims since 2001. Over the years, Mr. Maier has primarily represented large general contractors and design professional firms (architects and engineers) with Florida construction law claims and defenses, however, he has also represented smaller companies, subcontractors and suppliers, and project owners with their legal issues related to construction law. His Palm Beach County, Broward County, Indian River County, and Miami-Dade County Florida cases have included large commercial projects, high rise buildings, condominiums, factories, airports, and high end residential projects. He has successfully represented South Florida clients in legal cases involving insurance coverage disputes, lien claims, and payment and performance bond claims (both public and private). And he has experience representing clients in arbitration (both AAA and private arbitrations) and in trial court (in both State and Federal courts in Florida).

As a Board Certified Construction Law Attorney, Mr. Maier has also been engaged by large insurance companies to represent their insureds on construction law matters including complex legal issues related to Florida construction defect claims. He has also represented clients in Florida located in Indian River County, Martin County, Palm Beach County, Broward County and Miami-Dade County on contract claims such as: to collect contract balances due; construction defect claims; unforeseen condition claims; material price escalation claims; tenant improvement project claims; and delay damage claims in Florida.

Maier Law and its attorneys are well experienced in the areas of Florida’s construction lien law / mechanics lien law under Chapter 713, Florida Statutes as well as lawsuits to foreclose a construction lien, lawsuits for breach of contract and quantum meruit realted to a contract to improve real property in Florida, litigation surrounding the Architect’s Institute of America (AIA) form contracts and clauses, claims for breaches of Florida’s building code, claims for construction defects, and claims for coverage and a defense under “occurance based” commercial general liability insurance policies and builder’s risk insurance policies related to a construction project. In addition, Maier law and its attorneys are familiar with claims for personal injuries and property damage on construction sites and familiar with product defects and strict product liability claims.


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Representing Clients in Construction and Insurance Claim Litigation

The following are examples of construction project disputes in which Mr. Maier has represented clients:

• Construction lien foreclosure and payment bond claims.

Breach of contract cases.

• Lawsuit for payments due by an underground contractor on a jet fuel line construction project at a large airport. Multi-million dollar project involved allegations of delay damages, construction defects, public payment bond claims, and third party claims.

• Third party lawsuit for an architecture firm against multi-million dollar claims of construction defects on two large high-end residential condominiums located on the ocean.

• Defense of a threshold inspection company against multi-million dollar claims of negligence in inspecting the structural steel in a high-end residential condominium.

• Lawsuit for a general contractor to recover contract sums due to it and its subcontractors on a commercial tenant improvement project.

• Lawsuit for insurance coverage for a contractor on claims for negligence and breach of contract involving the alleged collapse of a manufacturing plant.

Maier Law and its attorneys are also experienced in the areas of payment bond and performance bond claims on Florida public projects under Chapter 255, Florida Statutes, private payment bond and performance bond claims under Chapter 713, Florida Statutes, and federal payment bond and performance bond claims under the Federal Miller Act; and representation of design professionals (architects and engineers) including claims for coverage and a defense under their “claims made” errors and omissions policies of insurance.

We have experience related to claims and defenses of construction project delays and the critical path method of calculating construction project delays in South Florida. Not all delays are on the critical path of construction and not all “float” time is owned by the general contractor in all instances. If you are drafting or negotiating a construction contract or AIA contract in Florida, you may want to consider contract clauses for early completion bonuses as well as claims for liquidated damages for delay. If you believe you have claims for delay or float or are defending a claim for liquidated damages, actual damages, consequential damages, mobilization and re-mobilization costs and expenses, downtime, home office overhead, or Eichleay damages stemming from a delay, you should consider retaining a professional with experience handling claims of delay on construction projects in South Florida.

In addition to litigation, Maier Law provides pre-litigation support services to his South Florida clients in areas such as contract drafting and negotiation services, risk management; and lectures on various industry related topics including Florida’s Construction Lien laws. (It is recommended to retain a Florida attorney to review project documents well before contract award, and during the project to mitigate risk.) Contact us at our West Palm Beach Florida office.

If you are a Florida construction industry professional (general contractor, subcontractor, sub-subcontractor, design professional, supplier) or construction project owner seeking legal advice related to a Florida construction project, a Florida construction lien claim, Florida construction payment bond claim or performance bond claim, a Federal payment bond claim or private bond claim for a construction project located in Florida, or seeking legal advice and drafting of a construction contract for improving real property located in Florida including an AIA construction contract, or seeking advice relating to a commercial general liability policy of insurance or an errors and omissions policy related to an architect or engineer for the design of a construction project, please consider calling Maier Law in South Florida at its West Palm Beach, Florida office by calling 561-318-6589.

Maier Law, P.A.
1527 S. Flagler Drive, Suite 105-F
West Palm Beach, FL 33401

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