Spencer Mallard is a Board Certified Construction Lawyer with a statewide practice in all facets of construction and oversees the Firm’s construction practice. Mr. Mallard represents owners, developers, general contractors, design professionals, environmental consultants, subcontractors and product manufacturers in a variety of contexts. These representations include construction and design defect disputes, real estate development transactions, construction accident claims, environmental/pollution claims and construction contract/payment disputes.
A large portion of his practice involves construction and design defect disputes, including representation of clients during the Chapter 558 pre-suit process, litigation and arbitration. Mr. Mallard has handled hundreds of construction and design defect related disputes, including matters premised on building code violations, breaches of statutory implied warranties, contracts, indemnity agreements, and negligence. These disputes include alleged water intrusion through building exteriors, structural instability/cracking/settlement, mechanical/electrical/plumbing/fire suppression system performance/durability issues, inadequate building/site drainage and exterior coating/cladding failures. In addition to defending all clients from these claims, Mr. Mallard frequently represents developers and general contractors in the presentation of pass-through claims. He also has extensive experience litigating and advising on insurance coverage issues pertaining to construction and design defect claims.
A significant portion of Mr. Mallard’s practice includes representation of owners, contractors and design professionals in a variety of real estate development transactions. This includes drafting/negotiation of contracts, advising clients during planning of developments, assisting with administration of projects during the construction process and resolving issues during close-out of the construction process. In addition, Mr. Mallard works in conjunction with his partners to advise developers on a variety of financial and tax matters arising from real estate development activities.
Another large portion of Mr. Mallard’s practice involves construction accident claims with an emphasis on catastrophic injury claims. These representations include claims based on building collapse, falls from worksites, explosions/ruptures of components and accidents based on ongoing/completed construction. These disputes frequently involve issues pertaining to workers compensation immunities, jobsite safety responsibilities, sequencing of work and equipment performance/inspections.
Prior to joining the firm, Mr. Mallard was a shareholder in a boutique law firm practicing in the areas of commercial litigation, construction litigation, bankruptcy and real estate transactions/litigation. He also previously worked for the largest insurance defense firm in Florida. Before being admitted to the bar, Mr. Mallard served as a judicial intern for Judge Marcia Morales Howard with the U.S. District Court for the Middle District of Florida and as an intern with the civil litigation department in the U.S. Attorney’s Office for the Middle District of Florida.
Florida Coastal School of Law, cum laude
University of Florida, B.S. Journalism-Reporting