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Ms. Underwood has represented numerous parties in construction related matters. She has also served as arbitrator in over 75 construction or commercial matters. The following is a representative sample of her experience:
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Prior to graduating law school, as a partner in general contracting and subcontracting firms, Underwood’s firms were retained to construct the following types of structures: commercial office buildings (new construction and renovations); structural components to expand a sports facility; structural exteriors and interiors of several hospitals; new construction of a skilled nursing facility; exterior EIFS and interior walls and finishes of several courthouses; fire-rating upgrades of offices and hospitals; historical renovation of hotel; construction of condominiums, apartments.
After graduating law school, Underwood’s construction experience includes:
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Served as Arbitrator or Panel Chair of numerous construction arbitration matters involving multi-million dollar construction claims arising from office buildings, infrastructure projects, process facilities, power plants, EPC contracts, federal government laboratory, highway and bridge construction. Representative issues include breach of contract, delay claims, disruption, acceleration, inspection criteria, materials systems, insurance, and professional standards of care. Parties include owners, architects, engineers, contractors, construction managers, subcontractors and material suppliers.
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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 to $75 million that were part of a construction program exceeding $1.0 billion. Issues included defense of claim by automated ground transportation firm; defense and prosecution of claims arising from contracts for construction of hotel, site infrastructure and bridges; defense and prosecution of claims arising from roads, runways and building construction Co-counsel in jury trial concerning wetlands mitigation project.
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Drafted general conditions and design build, CM and program manager contracts for competitive procurements and the “front end” documents for two international airports’ multi-million dollar construction expansion programs ($750 million and $1billion respectively) for construction of runways, roads, and buildings. Served as construction legal counsel for two airports for several years.
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Represented international contractor in multiple litigation matters, arising from six Florida projects (schools, offices, hospital, hotel) 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, equitable adjustment, liquidated damages, design and construction issues, inspection criteria, fraud. 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, inspection criteria, pile driving criteria, equitable adjustment. Case settled before jury trial.
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Represented national development company as the owner of two investment properties in claims against contractors, designers and insurance companies in multi-million 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 bonds, default, warranty obligations, indemnity, quia timet, and asset location.
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Defended engineering firms in claims by owners for negligence in design of structural steel components of multi-story office buildings. Issues included professional malpractice, delay damages, errors and omissions insurance coverage, consequential damages, “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, waiver, delay damages.
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Representation of various other designers, contractors and subcontractors in issues that include construction lien and payment bond claims, contractor and professional licensing, bidding issues, latent defects, insurance claims, subrogation, and termination disputes. 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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