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Jeffrey Wertman focuses his practice in the areas of construction law, construction litigation and alternative dispute resolution, and general civil, corporate, commercial and complex litigation in the state, federal and appellate courts.

Jeff’s construction law and construction litigation practice includes the representation of owners, developers, general contractors, trade contractors,  suppliers and sureties.  He provides clients with legal advice on many and varied issues such as preparation and negotiation of construction contracts and documents and represents clients in dispute resolution during construction projects for the early identification and resolution of potential conflicts and disputes.  He also represents construction clients in mediation, arbitration and litigation of construction contract claims, construction and design defect claims, construction liens, terminations, payment disputes, change orders, delay damages, insurance claims, performance and payment bonds (including Miller Act bond claims), and related matters.

Jeff’s general litigation practice includes real estate litigation, contract disputes, partnership disputes, business torts, employment, unfair competition, intellectual property and trade secret matters, and condominium and homeowner’s association disputes.

Representative Experience

Representative Construction Cases:

  • Defense of an $18 million claim against a professional engineer and mold assessor by an owner alleging deficiencies in the design and implementation of a mold remediation protocol necessitated by water intrusion allegedly caused by poor roofing installation and repairs.  The case settled on terms very favorable to our clients.  Our clients’ contribution to the settlement of the case was nuisance value.
  • Defense of a general contractor in a lawsuit by the Sheriff of Broward County claiming $13 million due to an alleged delay in constructing a jail.  The trial court dismissed the action with prejudice.  The appellate court affirmed the dismissal of the case with prejudice.
  • Prosecution of claims for wrongful termination of a contract to build a jail and defense of a builder and surety of counterclaims for alleged defective work, work not done, and delay damages.  After being heavily litigated, the case settled in favor of our client for more than $2 million.
  • Prosecution of an owner’s claims against an architect and architecture firm for negligence and breach of contract in connection with a certification that an apartment complex was in compliance with federal, state and local building, zoning and housing codes, laws, ordinances and regulations, including those relating to the accessibility by persons with disabilities, including the Fair Housing Act, the portions of the Americans with Disabilities Act pertaining to accessibility, and the Florida Accessibility Code.  We obtained a very favorable settlement for our client without having to proceed to trial.
  • Defending against multiple subcontractor and material supplier lawsuits relating to a public works project.  All cases were successfully resolved at discounted damage amounts.
  • Defended a general contractor and developer from multiple related lawsuits in various court asserting payment bond claims under the federal Miller Act and contract claims arising out of the construction of a Veterans Administration Hospital.  The claims ultimately settled on beneficial terms to our clients and enabled them to achieve their business goals with respect to the project.
  • Prosecution of an owner’s contract and construction defect claims against a contractor and defense of contractor’s lien claims.  We obtained a very favorable monetary settlement for our client.
  • Defense of a developer faced with significant potential liability for alleged construction defects in a high-rise condominium.  The claims were settled on terms very favorable to our client.
  • Prosecution of a material supplier’s claims against an owner and defense of an owner’s contract, quasi-contract and implied warranty counterclaims. The case ultimately settled on terms very favorable to the client and exceeding the client's original objectives.

Professional & Community Involvement

  • Board of Directors, Junior Achievement of South Florida
  • Member of numerous construction related legal associations, including The Florida Bar, Section on Real Property and Trust Law, Construction Law Committee; the Construction Law Committee and the Trial Practice Sections of the Broward County Bar Association; and the American Bar Association (ABA) Committee on Construction Litigation of the Section of Litigation
  • Involved in construction related organizations, such as the Builders Association of South Florida (BASF), National Association of Home Builders (NAHB), and the Florida Home Builders Association (FHBA)
  • Graduate and member of the Greater Fort Lauderdale Chamber of Commerce’s Leadership Fort Lauderdale, Class XIII

Awards & Recognition

  • AV Rated Martindale-Hubbell

Articles & Presentations

Articles

  • Terminations for Convenience of Government Contractors, Construction Law Alert (January 2009)
  • Overview of Florida’s Construction Lien Law, Construction Law Alert (December 2008)
  • The Doctrine of Substantial Completion on Construction Projects, Construction Law Alert (October 2008)
  • The Use of Shop Drawings on Construction Projects, Construction Law Alert (September 2008)
  • Liability of Construction Managers, Construction Law Alert (August 2008)
  • Protecting Confidential Information and Trade Secrets When Bidding on Government Contracts, Construction Law Alert (June 2008)
  • The Use of the Lis Pendens in Real Estate Litigation, Construction Law Alert (May 2008)
  • Construction Lien Claims for Tenant Improvements, Construction Law Alert (April 2008)
  • The 90-Day Statutory Deadline to File a Construction Lien: Determining When the Clock Begins to Tick, Construction Law Alert (March 2008)
  • Personal Tort Liability for Design Professionals, Construction Law Alert (February 2008)
  • Joint Checks in The Construction Industry, Construction Law Alert (January 2008)
  • Contractual Expansion of Judicial Review of Arbitration Awards, Construction Law Alert (December 2007)
  • "Contratos que funcionan" (Contracts that work), El Nuevo Constructor (Fall 2007)
  • Construction Claims and Damages, Construction Law Alert (October 2007)
  • Assignments of Construction Liens, Construction Law Alert (September 2007)
  • Statutes of Limitations and Repose in Construction Cases , Construction Law Alert (August 2007)
  • Change Orders In Private Construction Projects: The Writing Requirement And Its Exceptions, Construction Law Alert (July 2007)
  • Remedies for Unsuccessful Bidders on Government Contracts, Construction Law Alert (June 2007)
  • Design in Dispute: Architectural plans increasingly are foundation of copyright infringement suits, Daily Business Review (June 14, 2007), and republished in the Construction Law supplement of The Legal Intelligencer (August 2007)
  • Standard Clauses in Construction Contracts: A Trap for the Unwary, Construction Law Alert (May 2007)
  • Planning for the Inevitable Construction Dispute: Alternative Dispute Resolution or Litigation? Construction Law Alert (April 2007)
  • 2006 Florida Legislative Update: Pending Bills Affecting the Construction Industry, Dispute Resolution Alert (May 2006)