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Ms. Underwood has represented numerous parties
in construction related matters. The following is a representative
sample of the types of matters in which she has been involved:
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Served as sole arbitrator, panel member and
chair of numerous construction arbitration matters involving
multi-million dollar commercial and industrial construction
claims and counterclaims. Representative issues include breach
of contract, delay, defects, extras, change orders, inspection
criteria, materials systems, insurance surety law, and professional
standards of care. Parties have included owners, architects,
engineers, contractors, construction managers, subcontractors
and material suppliers.
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Represented international contractor in multiple
litigation matters, arising from six Florida projects in prosecution
and defense of claims with owners and subcontractors; ranges
of claims were $250,000 to $20 million; issues included breach
of contract, delay, request for equitable adjustment, liquidated
damages, design and construction issues, over-inspection. Collateral
issues included corporate fraud, alter-ego, and misrepresentation.
Co-counsel in jury and non-jury trials.
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Represented pile-driving subcontractor in multi-party
litigation arising from a Florida courthouse project in multi-million
dollar dispute; issues included delay, design deficiencies,
over-inspection, pile driving criteria, request for equitable
adjustment, Miller Act.
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Represented national insurance company as the
owner of two investment properties in claims against contractors,
designers and other insurance companies in multi-million dollar
claims arising from design and construction defects, building
code violations and commercial general liability insurance coverage
issues.
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Represented national surety company in multiple
litigation and arbitration matters in prosecution and defense
of multi-million dollar claims with owners, subcontractors and
the bonded contractor arising from the bonded contractor’s insolvency
and resulting impact on several projects. Issues included breach
of contract, performance and payment bonds, statutory conditional
payment bonds, default, warranty obligations, notice, accounting,
indemnity obligations, quia timet, and asset location.
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Defended engineering firms from negligence
claims arising from design components of multi-story office
buildings. Issues included professional malpractice, construction
delay damages, errors and omissions insurance coverage, declaratory
judgment actions, consequential damages, cross claims, “betterment”
set-off, and regulatory complaints with the applicable licensing
board.
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Defended British based construction management
firm as co-counsel in jury trial against an international airport’s
multi million dollar claims. Issues included breach of contract,
notice, waiver and delay damages.
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Represented the Orlando International Airport
for over six years on construction contracting claims, litigation,
mediation, dispute resolution, professional services procurements,
bidding issues and compliance with statutes, codes and regulations.
Contracts ranged from $5.0 million to $75 million that were
part of a construction program exceeding $1.0 billion. Matters
included defense of claim by automated ground transportation
firm; defense and prosecution of claims arising from contracts
for construction of hotel, site infrastructure and bridge; defense
and prosecution of claims arising from runways and building
construction; and indemnity issues concerning architectural
and engineering firms. Co-counsel in jury trial.
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Drafted general conditions and design build
contracts for competitive procurements and the “front end” documents
for two international airports’ multi-million dollar construction
expansion programs ($750 million and $1billion respectively).
Served as construction legal counsel for these two airports
for several years.
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Representation of various other designers,
contractors, and subcontractors in issues that include construction
lien and payment bond claims and defense of such claims, contractor
and professional licensing, bidding issues, defective products,
insurance claims, subrogation, wrongful termination, settlement
strategies, and alternative dispute resolution. Also see reported
case of Henderson Inv. Corp. v. Intl. Fidelity Ins. Co.,
575 So.2d 770 (Fla. 5th DCA 1991).
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