Mediator, Arbitrator, Law professor, Author.
Areas of Expertise:
✔ Banking & finance ✔ Commercial/Business
✔ Condominiums ✔ Construction
✔ Contract Disputes ✔ Copyrights
✔ Debt/Foreclosure ✔ Defamation (Libel & Slander)
✔ Employment ✔ Engineering
✔ Environmental ✔ Family Businesses
✔ Franchise ✔ Industrial
✔ Insurance ✔ Intellectual Property
✔ Joint Ventures ✔ Land Use/Planning
✔ Landlord/Tenant ✔ Legal Malpractice
✔ Licensing ✔ Partnerships
✔ Premises Liability ✔ Professional Fees
✔ Professional Liability ✔ Professional Malpractice
✔ Professional Negligence ✔ Real Estate
✔ Shareholder Disputes ✔ Technology
✔ Telecommunications ✔ Title Disputes
✔ Trade Secrets and Confidentiality Disputes ✔ Transportation
AAA Arbitrator and mediator 2014- Member - JAMS Global Engineering and Construction panel and Commercial panel 2012-2014 AAA Arbitrator 1985-2012 Training faculty, AAA, Construction Arbitrator I and II (1996-1998) Florida Circuit Court Civil Certified Mediator (1996- ) Certified mediator, International Mediation Institute (2009- ) Florida Circuit Court Arbitrator (2005- ) Mediator, U.S.District Court, Middle District of Florida (2005- )
Associate, Law offices of Daniel A. Kavanaugh, 1973-1975 Partner, Kavanaugh & Leiby, 1975-1976 Partner, Leiby Ferencik Libanoff & Brandt, P.A. 1976-1996 Partner, Leiby Stearns & Roberts, P.A., 1996-2006 Of counsel, Leiby Stearns & Roberts, P.A. 2006-2009 Of counsel, Malka & Kravitz, P.A. 2010-2017
North Ridge Elec., Inc. v. City of Sunrise, 63 So.3d 937 (Fla. 4th DCA 2011).
School Bd. of Broward County v. Mr. Elec. & Associates, Inc., 949 So.2d 353
(Fla. 4th DCA 2007).
Rewards Hotel Management Co., LLC v. Elite General Contractors, Inc., 860 So.2d 1011 (Fla. 3rd DCA 2003). (Affirming arbitration award)
Miller & Solomon General Contractors, Inc. v. Brennan's Glass Co., Inc., 837 So.2d 1182 (Fla. 4th DCA 2003).
Bill Stroop Roofing, Inc. v. Metropolitan Dade County, 788 So.2d 365 (Fla. 3rd DCA 2001).
Hewett-Kier Const., Inc. v. Lemuel Ramos and Associates, Inc., 775 So.2d 373 (Fla. 4th DCA 2000).
Grimsley v. Inverrary Resort Hotel, Ltd., 770 So.2d 708 (Fla. 4th DCA 2000).
Continental Concrete, Inc. v. Lakes at La Paz III Ltd. Ptnrshp., 758 So.2d 1214 (Fla. 4th DCA 2000).
Boca Raton Preparatory, Inc. v. Dipompeo Const. Corp., 720 So.2d 1094 (Fla. 4th DCA 1998). (Affirming arbitration award)
Hollub Const. Co. v. Narula, 704 So.2d 689 (Fla. 3rd DCA 1997).
Alexdex Corp. v. Nachon Enterprises, Inc., 641 So.2d 858 (Fla.1994).
Mursten Const. Co. v. C.E.S. Industries, Inc., 588 So.2d 1061 (Fla. 3rd DCA 1991).
Picou v. L & S Paving, Inc., 541 So.2d 180 (Fla. 4th DCA 1989).
Fidelity and Deposit Co. of Maryland v. Delta Painting Corp., 529 So.2d 781 (Fla. 4th DCA 1988).
Vincent J. Fasano, Inc. v. School Bd. of Palm Beach County, 436 So.2d 201 (Fla. 4th DCA 1983).
Acadia Development Corp. v. Rinker Materials Corp., 419 So.2d 1142 (Fla. 3rd DCA 1982).
Coordinated Constructors v. Florida Fill, Inc., 387 So.2d 1006 (Fla. 3rd DCA 1980).
AAA Construction Arbitrator Trainer Training, 1996-1997 Florida Circuit Court Civil Mediator 40 hour training, 1996 Florida International University Construction ADR seminar, 2009 (presenter) Florida Bar Construction Law Institute - Behind the Scenes of an Arbitration Panel, 2009 (presenter) AAA International Arbitration Seminar, 2010 Residential Mortgage Foreclosure Mediation Training, 2010 Handling your First Arbitration, CCA, Miami (2011) Florida Bar Construction Law Institute - Drafting ADR clauses, 2011 (presenter) The Interaction Between Construction Lien Enforcement and Arbitration, AAA webinar - 2011 (presenter) The Dynamics of Large Multi-Party Mediations, 2011 Dispute Review Board training - Basic and Advanced 2011 JAMS mediation training - 2012 JAMS arbitration training - 2012 "How to Effectively Represent Your Client in Mediation", Ft. Lauderdale, FL 2012 (presenter) The Revised Florida Arbitration Code, Ft. Lauderdale (presenter) 2013 What Judges Need to Know about Arbitration , Ft. Lauderdale (presenter) 2013 Dispute Review Boards, Florida Bar Construction Law Committee (presenter) 2013 How to Draft an Arbitration Clause that you will Like, Florida Bar Construction Law Committee (presenter) 2013 Arbitration from A-Z, Designing the Process, Orlando and Miami, CCA 2016-17
Florida Bar, 1973 Florida Bar Board Ceritified Construction Lawyer, 2005 Florida Bar Circuit Court Civil Certified Mediator, 1996
1978, American Subcontractors Assn. Legislative Achievement Award 2005, Florida Institute of Technology Excellence in Education Award 2008, Florida Bar Construction Law Committee LIfetime Achievement Award
American Arbitration Association College of Commercial Arbitrators American Bar Association, Forum Committee on Construction and ADR Section Florida Bar Association, Construction Law Committee and ADR Section Association for Conflict Resolution Miami International Arbitration Society International Mediation Insitute Dispute Review Board Floundation International Institute for Conflict Prevention and Resolution
B.M., University of Miami, 1969 J.D., University of Miami College of Law, 1973
Contributing author, the CCA Guide to Best Practices in Arbitration, 4th edition (2017)
1981, Thomson-Reuters-West, Florida Construction Law Manual, updated annually in print and as a part of Westlaw Florida Practice Series
The chapters on construction contracts, construction liens, and payment bonds in The Contractor’s Manual published by Associated Builders and Contractors, (2006, 2009, 2012, 2017) which is a listed text for Florida state construction industry licensing examinations;
“Licensing for Construction: A Legal Mechanism of Control” in Comparative Studies in Construction Law: The Sweet Lectures, published by Construction Law Press, London, UK (1996)
“1998 Changes to Public Works Bonds and Construction Lien Law”, Florida Bar Journal (1999)
“Contractual Indemnity in Construction for Your Own Negligence – What Year Is It?,” Florida Bar Journal, (July/Aug 2003)
“How to Comply with Chapter 558 Florida Statutes: Current Challenges and Future Changes,” Florida Bar Journal, (Feb 2009) with co-author Steven B. Lesser
"The Interaction Between Construction Lien Enforcement and Arbitration," Dispute Resolution Journal (2011)
"When is a Final Construction Lien Release Really Final?," Florida Bar Journal (Jan, 2012)
“Professional Liability Policies 101”, Construction Today, (August, 2012)
“DRB’S Offer a Proactive Approach to Dispute Avoidance/Resolution”, Engineering News Record (September, 2012) “Class Arbitrations Under Attack – But Survive”, Journal of the American College of Construction Lawyers, Vol. 7, No.1, 2013
Adjunct professor teaching construction law, Florida International University College of Law, 2009-