Overview
A LEED-certified attorney, Michael Gibbons represents owners, developers, contractors, design professionals and subcontractors asserting a variety of construction claims (and defenses to such claims), including actions for breach of contract, delay, latent defects, water intrusion and mold, differing site conditions, extra work, indemnity and warranty.
Michael also counsels clients on issues related to construction claims of lien and surety bond claims and regularly represents clients in litigation and arbitration over construction claims of lien and payment and performance bond claims.
Formerly an Assistant State Attorney, Michael tried over 65 cases through verdict ranging from battery and DUI to Armed Robbery and Felony Murder. He has tried a variety of civil cases as well, and has substantial experience litigating ADA (Americans with Disabilities Act) cases in Federal Court under Title III of the ADA where accessibility to public accommodations is at issue.
In addition to litigating design and construction related claims, Michael often represents owners, developers, design professionals, general contractors, and sub-contractors in the preparation and negotiation of design and construction contracts. His experience litigating construction claims helps Michael identify problematic and unfavorable contract language.
Conversely, his experience drafting and negotiating complex construction contracts makes Michael a more informed and knowledgeable litigator when a client needs a forceful advocate on a construction contract issue. A clearly expressed allocation of commercial risks, rights and liabilities is essential to a good design or construction contract and critical for reducing the risk of later claims.
Accredited by the Green Building Certification Institute as a LEED (Leadership in Energy and Environmental Design) Green Associate, Michael is a frequent speaker and author on the subject of managing risks in sustainable design and construction contracts. He has significant experience drafting and negotiating design and construction contracts incorporating sustainability principles including LEED standards.
Experience
- On behalf of the owner of a hotel that suffered extensive property damage and extended loss of use of over 100 guestrooms due to flooding events, obtained a $2 million recovery from a negligent plumbing contractor and its insurance carrier.
- On behalf of the owner of an apartment community, obtained over $1.6 million in recoveries from various contractors and their insurance carriers for latent construction defects.
- On behalf of a national homebuilder, obtained a $1 million recovery in AAA arbitration from an engineering firm that breached the standard of care in providing environmental clean up services on the site of a former shooting range.
- As an Assistant State Attorney in Orlando, tried over 65 cases through verdict ranging from petit theft and DUI to armed robbery and felony murder.
- On behalf of the developer, drafted and negotiated the development agreement, construction contract and design agreement for the 1,500-room Waldorf Astoria and Hilton Hotel Project in Bonnett Creek near Disney.
- On behalf of the developer, drafted and negotiated the design and construction contracts for the $150 million Dr. Phillips Performing Arts Center.
- On behalf of the owner, drafted and negotiated a Design-Build Agreement for a LEED Certified lithium-ion battery manufacturing plant.
- On behalf of the developer, drafted and negotiated the Design-Build Agreement for the Verizon Finance Center Building in Lake Mary, Florida.
- On behalf of the developer, prepared numerous construction bid packages and provided counsel on construction law issues throughout the multi-year development of the 1,000-acre Baldwin Park community near downtown Orlando.
- On behalf of various owners, developers, and contractors, drafted and negotiated over $2 billion of construction contracts for various multifamily, hospitality, healthcare, warehouse, senior living facility, utilities and retail projects throughout Florida and the United States.
News & Insights
News
Publications
Recognition
Recognition
- Martindale-Hubbell AV Preeminent Peer Review Rated
- The Best Lawyers in America guide, Construction Law, 2008-2024; Litigation - Construction, 2011-2024
- Florida Super Lawyers, 2009-2023
- Florida's Top Lawyers, Florida Monthly Magazine, 2008
- NCAA Midwest Academic All-American
Community & Civic
Community Activities
- Leadership Winter Park, Class XV
- Architectural Review Committee of Baldwin Park, past Chairman
- Baldwin Park Residents, Owners Association, Vice President
Professional Certifications & Memberships
- American Bar Association, Sections on: Torts and Insurance Practice Section, Fidelity and Surety Committee, Litigation Section and Construction Law Committee
- Orange County Bar Association
- The Florida Bar, Member of Green Building Subcommittee of the Construction Law Committee
- Special Certification: LEED Green Associate
Practices & Industries
Admissions
- Florida
- U.S. Court of Appeals, Eleventh Circuit
- U.S. District Court, Middle District of Florida
- U.S. District Court, Southern District of Florida
Education
- University of Miami School of Law, J.D., magna cum laude, 1990; Order of the Coif
- University of Notre Dame, B.A., cum laude, 1985
Languages
- Portuguese