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:

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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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