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.
Leadership, Membership & Honors
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.
Areas of Expertise
- Represented large general contractor entity through trial of a $5 million-plus construction defect claim for a high-rise luxury condominium, which included defense against a condominium association’s claim and prosecution of pass-through claims against multiple subcontractors.
- Obtained summary judgment on behalf of a general contractor against a subsequent purchaser of a high-rise apartment building that was alleging $2 million-plus in diminution of value damages based on multiple construction defects.
- Represented multi-discipline engineering firm in multiple lawsuits arising from conversion of toxic waste facility to dredge storage facility where damages alleged from failure of facility were in excess of $75 million.
- Resolved claims against three separate window manufacturers/installers in a total of 15 separate lawsuits throughout the State with total alleged damages in excess of $30 million.
- Represented design-builder of parking garage structure that collapsed during construction, including negotiation and resolution of multi-million dollar builders risk insurance claim for costs to stabilize building to avoid further collapse and damage to adjacent building.
- Advised owner/developer in the development of a high-rise commercial building in downtown Miami, including negotiation and drafting of contracts.
- Represented plumbing subcontractor in multiple personal injury lawsuits based on alleged contamination in water systems at luxury hotel.
- Represented manufacturing facility owner in the sale of the facility, including resolution of pre-sale environmental impact issues, negotiation of sale agreement, negotiation of lender workout agreement and drafting of multiple contractual agreements.
- Advised excess insurer in owner controlled insurance program on coverage through resolution of multiple claims arising from failures in 15 billion gallon regional reservoir where alleged damages were in excess of $100 million.