The magazine partnered with Professional Research Services to determine the top lawyers in the region as chosen by their peers. The attorneys who received the highest number of votes are named in the 2021 “Top Lawyers” list, published annually in Palm Beach Illustrated’s September issue.

To view the full September 2021 issue of Palm Beach Illustrated, please click here.

The post Brett J. Schneider and Ronald S. Nisonson Named 2021 “Top Lawyers” in Palm Beach County appeared first on Weiss Serota Helfman Cole + Bierman.

While a contractor or owner might be forced to sue if the other party refuses to negotiate, communication early on is probably one of the most important tools a contractor or owner can utilize if the objective is to avoid the courtroom. 

For example, if your firm owes money to suppliers or subcontractors the first step is to explain the situation to them, Michael said.

“They’ll probably work with you in some way because … a bad settlement is still better than a good litigation,” he said. “So hopefully they would have that same mindset, and they would work with the entity that owes them the money to try to come up with a payment plan or time or something because they’d rather get paid than have to litigate.”

Those that want to litigate on principle and want to move forward with a lawsuit at any cost usually change their minds once they realize the expense. “That goes on until about the time they get their third bill and then suddenly the principle is not that important,” Michael said.

Click here to read the full article.

The post Michael Kurzman comments on construction litigation scenarios contractors and owners may face appeared first on Weiss Serota Helfman Cole + Bierman.

Michael focuses his practice on construction contract drafting and negotiation, construction litigation, construction defect claims, delay claims, contract claims, construction liens and surety bond claims. He represents developers, owners, contractors, sureties, subcontractors and suppliers in all construction claims. Michael is Board Certified in Construction Law by the Florida Bar.

The post Partner Michael Kurzman Moderates Panel About South Florida Construction and Development appeared first on Weiss Serota Helfman Cole + Bierman.

In 2011, the City issued a Request for Proposal (“RFP”) for construction work on its Performing Arts Center and Library. TGSV Enterprises, Inc. (“TGSV”), a Hialeah-based general contractor, responded to the RFP. However, TGSV did not submit a letter of intent for one of its proposed County Business Enterprises (Jador International), and also failed to include dollar amounts or percentages for other County Business Enterprises in the Letters of Intent that it did submit with its bid proposal. After reviewing the proposal Broward County (the “County”) determined that the missing Letter of Intent and missing financial information were material omissions, and determined that TGSV failed to comply with the requirements established under the City’s Request for Proposal and the County’s Business Enterprises Act of 2009. The City adopted the County’s determination, and TGSV’s bid proposal was rejected. TGSV protested, and filed suit in Broward County Circuit Court.

On February 26, the Court issued an Order Denying TGSV’s Request for a Declaratory Judgment and Injunctive Relief and Granting the City’s Counterclaim for Declaratory Relief. In the Order, Circuit Court Judge Carlos Rodriguez determined that TGSV could not obtain a permanent injunction directing the City to score their bid proposal in part because TGSV failed to demonstrate that it had a clear legal right to have its bid rescored. Citing Sutron Corp. v. Lake County Water Authority, 870 So. 2d 930, 932 (Fla. 5th DCA, 2004), Judge Rodriguez noted that “it is well established in Florida that a public entity’s rejection of contract bids will be affirmed in court, unless the action of the public body was arbitrary, unreasonable or capricious,” and found that neither the City nor the County acted in an arbitrary or capricious manner when they determined that TSTV’s bid was non-responsive. Specifically, the Judge held that the City offered undisputed evidence that it consistently refused or would refuse to consider additional documentation for any non-responsive bids containing material omissions. Therefore, the City’s refusal to accept the bid was not arbitrary or capricious.

WSH’s Construction Group employs experienced litigators whose ingenuity and focused commitment to their clients’ needs distinguishes them in the field. Many Group members are members of WSH’s Litigation Division, which routinely defends municipalities and governmental agencies in all areas of liability at the trial and appellate levels. We have helped our construction clients, both in the public and private sector, navigate through many challenges, including disputes during planning and development, the bidding process, bonds, contracting and construction. The Group works closely with WSH’s Local Government Law Division in its representation of local governments on the owner side of the construction process, from procurement through development and final completion of all types of public projects.

Author(s): Brooke P. Dolara

The post WSH Successfully Defends City of Lauderhill in Bid Protest Litigation appeared first on Weiss Serota Helfman Cole + Bierman.

Gary is Board Certified by the Florida Bar in Construction Law. He has extensive experience representing general contractors and subcontractors with defect claims. He has also successfully represented municipalities and private owners in construction-related claims. Gary is also a member of our Litigation Division, and practices general commercial and business litigation, handling both complex and routine cases with special expertise in construction-related matters. He has been recognized as a Florida SuperLawyer for the past three years.

NBI is a nationwide organization that provides continuing legal education for professionals. In addition to live seminars, it offers live video webcasts, teleconferences, and online learning. To learn more about the National Business Institute, please click here.

Author(s): Brooke P. Dolara

The post WSH Partner Gary Brown to Speak at NBI Construction Law Seminar in 2013 appeared first on Weiss Serota Helfman Cole + Bierman.

Richard Jay Weiss (Top Lawyer) – Founding Member Richard Jay Weiss was named the 2012 Miami Government Relations Practice Lawyer of the Year by BestLawyers. He is an AV rated attorney who serves as City Attorney for Homestead and Village Attorney for Bal Harbour. A member of our Local Government Law Division, Richard focuses his practice on governmental and municipal law advice and guidance to both private sector and public sector clients.

Joseph H. Serota (Top Lawyer) – Founding Member Joseph Serota is an experienced trial and appellate attorney with numerous reported opinions to his credit. A member of our Litigation Division, he has extensive experience representing both municipal and private clients in all phases of litigation.

Stephen J. Helfman (Top Lawyer) – Founding Member Stephen Helfman serves as Village Attorney for both Indian Creek and Key Biscayne, as well as Town Attorney for Golden Beach. He is a member of the Florida Planning & Zoning Association, and as served as a member of the Coral Gables Planning & Zoning Board.

Gilberto Pastoriza (Top Lawyer) – Member Gilberto Pastoriza chairs our Private Land Use and Zoning Practice Group. He has successfully represented numerous private and public sector clients in obtaining all types of governmental approvals for property development. He has extensive experience with code enforcement issues and mitigation of code enforcement liens and fines.

Jamie A. Cole (Top Lawyer) – Managing Director Jamie Cole is a skilled litigator and appellate advocate who represents private and public clients with an emphasis on commercial litigation and governmental matters. He has served as special litigation counsel for numerous municipalities; he also serves as City Attorney for the cities of Miramar and Weston.

Nina L. Boniske (Top Lawyer) – Member Nina Boniske concentrates her practice primarily on the representation of newly-formed municipalities and public/private partnerships. She is Board Certified by the Florida Bar in City, County and Local Government Law. She currently serves as Village Attorney for Islamorada and City Attorney for North Bay Village.

Mitchell A. Bierman (Top Lawyer) – Member Mitchell Bierman chairs our Airports and Aviation Services Group; his work includes winning and negotiating large public contracts, public/private partnerships, public infrastructure improvements, and advocating for industry clients on legislative issues affecting their industry. Prior to joining WSH, Mitch served as counsel to Miami International Airport.

Abigail C. Watts-FitzGerald (Top Lawyer) – Partner Abi Watts-FitzGerald routinely serves as outside general counsel to various for-profit and non-profit entities. She has extensive experience representing clients in mergers, acquisitions and divestitures, corporate partnerships, joint ventures and LLCs, tax-exempt organizations, sports and entertainment law and sponsorships, closely held corporations, shareholders agreements, and licensing agreements. SFLG also singled out Abi as a “Distinguished Attorney”; the publication featured an interview with Abi that can be found here.

Edward G. Guedes (Top Lawyer) – Partner Edward Guedes chairs WSH’s Appellate Practice Group, and is Board Certified in Appellate Practice by the Florida Bar. His appellate experience encompasses significant representation medical malpractice defense, premises liability defense, intellectual property, land use and zoning law, election law, constitutional law, and employment and labor defense.

Clifford A. Schulman (Top Lawyer) – Partner Cliff Schulman chairs WSH’s Environmental Law Group, focusing his practice in zoning, growth management, subdivision law and land development. He has served as Chairman of the Florida Bar’s Committee on Land Use and Environmental Law.

Gary L. Brown (Top Lawyer) – Partner Gary Brown chairs WSH’s Construction Group. He is Board Certified by the Florida Bar in Construction Law, and practices general commercial and business litigation, handling both complex and routine matters for clients with special expertise in construction-related matters.

Ignacio G. Del Valle (Top Lawyer) – A member of WSH’s Real Estate Group, Partner Ignacio Del Valle has extensive experience in complex public/private transactions, real estate negotiations, acquisitions, sales, financing, construction, management and leasing of commercial, residential and industrial properties. He also serves as title agent for several major title insurance companies.

Matthew H. Mandel (Top Lawyer) – As Chair of WSH’s Litigation Division, Partner Matt Mandel has extensive litigation and trial experience at both the State and Federal levels for municipal and private clients alike. Matt also has extensive appellate experience at both the State and Federal levels and has several published decisions to his credit.

Anthony L. Recio (Top Up & Comer) – Partner Tony Recio focuses his practice in the representation of private developers in land use and zoning matters. He has significant experience with complex tax-credit financing guidelines and procedures established by the Department of Housing and Urban Development and Florida Housing Finance Corporation.

The post WSH Attorneys Honored as “Top Lawyers” By South Florida Legal Guide appeared first on Weiss Serota Helfman Cole + Bierman.

With more than 55 attorneys committed to the finest principles of traditional legal practice, WSH has been consistently recognized as an AV-rated firm, and has been selected for inclusion in US News’ Best Law Firm rankings in several practice areas. We service both public sector and private sector clients, delivering our services in an integrated, team approach. Many of the attorneys in our Local Government Law Division are former city attorneys, assistant city attorneys, and assistant county attorneys, as well as those who work primarily on behalf of private sector entities and individuals in more than 30 different practice areas, including litigation, construction law, bankruptcy law, community association law, and appellate practice.

The post South Florida Business Journal Honors WSH as One of Best Places to Work 2013 appeared first on Weiss Serota Helfman Cole + Bierman.