Construction Law Representation:

 
Bid Protests, Bid Disputes and Public Contracting
Contract Drafting and Negotiation
Contract Administration
Default and Convenience Terminations
Defective “Chinese Drywall” Claims
Defective Construction
Delay, Inefficiency, Impact and Scheduling Claims
Design Professional Liability and Defective Design Documents
Dispute Resolution – Litigation, Mediation and Arbitration
Florida Construction Lien Law, Foreclosure and Defense
Payment and Performance Bond Claims and Defense
Surety Issues
 

Other Practice Areas:

 
Commercial Law and Commercial Litigation
Insurance Law
Real Estate and Landlord/Tenant

 

Bid Protests, Bid Disputes and Public Contracting – Linkhorst & Hockin, P.A. represents Contractors in connection with the evaluation and prosecution of bid protests and public contracting and procurement law issues, including bid bond issues. Linkhorst & Hockin, P.A. also counsels clients regarding the submission and evaluation of bids, including addressing issues associated with bid errors and the refusal of Contractors to issue contracts to Subcontractors and/or Subcontractors refusing to honor bids to Contractors.

Contract Drafting and Negotiation – Linkhorst & Hockin, P.A. has extensive experience representing Owners, General Contractors, Subcontractors and Equipment Rental Companies with the drafting and negotiation of Construction Contracts, Purchase Orders, Rental Agreements other forms of construction documentation. We are familiar with the various notice requirements which, under Florida Law must be included within certain construction contracts, have the means to evaluate the enforceability of key clauses in construction contracts including those involving: indemnity obligations, “pay when paid” issues, “no damage for delay,” liquidated damages and arbitration and mediation agreements. We encourage our clients to allow us to counsel them beginning at the earliest stages of a project though completion. Our experience with the drafting and negotiation of construction contracts ranges from those for small office build-outs and residential projects, to projects ranging in value in excess of $70 million.

Contract Administration – In addition to having extensive experience drafting and negotiating construction contracts, Linkhorst & Hockin, P.A. provides cost effective contract administration and risk assessment/management services, including interim reviews of project status and counseling with regard to the interpretation of construction documents including releases and statements of account and key construction contract clauses including those involving: indemnification, payment, change orders, differing site conditions, delay and termination.

Default and Convenience Terminations – As not all construction projects run as smoothly as our clients would like, Linkhorst & Hockin, P.A. counsels clients with regard to work suspensions and terminations of construction contracts, including situations involving terminations for cause and terminations for convenience.

Defective “Chinese Drywall” Claims – Linkhorst & Hockin, P.A. provides representation to owners of property containing defective Chinese Drywall. It is estimated that tens of thousands of homes throughout the United States, with a substantial number of those in the State of Florida, were constructed using defective “Chinese Drywall.” Defective Chinese Drywall is believed to cause corrosion to metal including copper electrical wiring and copper piping and off-gasses potentially harmful chemicals. Linkhorst & Hockin, P.A. is affiliated with the Chinese Drywall Legal Network, which is a group of law firms who provide representation in connection with defective Chinese Drywall claims throughout the Southeastern United States. Our Network provides Linkhorst & Hockin, P.A. with access to the key committees that are spearheading the effort to combat this problem through the Multi-District Litigation (MDL) Panel in the United States District Court for the Eastern District of Louisiana as well as a wealth of knowledge and experience to draw on in order to provide representation to our clients.

Defective Construction – Linkhorst & Hockin, P.A. represents both plaintiffs and defendants in construction defect disputes. We have a substantial amount of experience representing Contractors, Subcontractors and Owners, including Condominium Owners in disputes over the quality of construction and construction contract warranty claims. We counsel clients with regard to the applicability and compliance with Florida Statute chapter 558, which requires certain notices to be furnished as preconditions to the institution of lawsuits over defective construction.

Delay, Inefficiency, Impact and Scheduling Claims – Linkhorst & Hockin, P.A. represents Contractors, Subcontractors and Owners in disputes over the timeliness and efficiency of performance on construction projects. Such representation typically involves the employment of Construction Consultants, the use of Critical Path Method (CPM) based scheduling analysis and the preparation of detailed reports in support or opposition to such claims for delay and/or inefficiency.

Design Professional Liability and Defective Design Documents – Linkhorst & Hockin, P.A. regularly represents Owner and Contractors in connection with disputes with Construction Design Professionals such as Architects and Engineers. Such claims arise when the Design Professionals’ work falls below the standard of care for their discipline and warrants the assertion of professional malpractice claims which lead to damages suffered by Owner and Contractors alike.

Dispute Resolution – Litigation, Mediation and Arbitration – Linkhorst & Hockin, P.A.’s practice is first and foremost one devoted to the litigation of construction and commercial disputes. Such practice includes the preparation and filing of all forms of court papers, participation in depositions, appearances in both Florida State and Federal Courts for hearings as well as jury and non-jury trials, before arbitration panels and various governmental agencies throughout the State of Florida. We also regularly mediate cases with the goal of trying to help our clients avoid unnecessary litigation costs.

Florida Construction Lien Law, Foreclosure and Defense – A core component of the practice of Linkhorst & Hockin, P.A. involves addressing issues arising under the Florida Construction Lien Law. The Florida Construction Lien Law was enacted by the Florida Legislature with the goal of protecting the rights of all parties to the construction process, including Owners, Contractors and Subcontractors. We regularly counsel Owners, Contractors and Subcontractors as to their rights and obligations under this complex body of Florida Law. We provide assistance with the drafting and interpretation of all of the various types of forms contemplated by the Florida Construction Lien Law including: Notices of Commencement, Notices to Owner, Sworn Statements of Account, Lien Releases, Payment Bonds and Claims of Lien. Linkhorst & Hockin, P.A. also prepares and records claims of lien and represents Contractors and Subcontractors as well as Owners in connection with Construction Lien Foreclosure actions and the defense of such actions.

Payment and Performance Bond Claims and Defense – We have extensive experience representing Contractors, Subcontractors, Owners and Sureties in connection with both the prosecution and defense of payment bond and performance bond claims. Such representation includes asserting payment bond claims under Florida Statutes 713.23 and 255.05 and the Federal Miller Act.

Surety Issues – In addition to representing parties with regard to payment and performance bond claims and defenses, Linkhorst & Hockin, P.A. represents parties who are negotiating with sureties including assistance with the underwriting process and evaluation of general agreements of indemnity.


Other Practice Areas:

Commercial Law and Commercial Litigation – In addition to our Construction Law Practice, Linkhorst & Hockin, P.A. also provides representation for clients in connection with a broad range of commercial matters. Such representation includes the handling of general business disputes including breach of contract matters, vendor/vendee disputes, partnership and corporate disputes, commercial collection matters, deceptive trade practice claims and defense and business torts.

Insurance Law – Linkhorst & Hockin, P.A. provides representation to parties involving a wide range of insurance issues. This area of our practice includes representing Insurance Companies in defending various types of claims, including those for construction defects, professional malpractice and errors and omissions claims. We also represent clients who may have been denied insurance coverage by their own insurance companies and/or against insurance agents and agencies for failing to properly represent their clients and insureds interests.

Real Estate and Landlord/Tenant – As a compliment to our Construction Law practice, Linkhorst & Hockin, P.A. also represents parties to Real Property disputes. Such representation ranges from representing Real Estate Developers who may be fighting with purchasers or prospective purchasers, to disputes over the refund of purchase money deposits, escrow and real estate commission disputes and landlord-tenant matter, including both commercial and residential evictions. We also assist our clients with the drafting and negotiation of real estate contracts and leases.

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