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Phone  (407) 428-5197
Fax (407) 423-1831
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Thomas P. Wert

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Mr. Wert is a member of the Litigation department in the Orlando office. He is Board Certified in Construction Law by The Florida Bar Board of Legal Specialization and has practiced in the area of business litigation, with an emphasis in construction law, commercial litigation, real estate litigation, and creditors’ rights since 1993. He is also a Circuit Civil Court Mediator certified by the Florida Supreme Court, who has mediated numerous business disputes. He has represented numerous large and middle-market companies, local governments, banks and other financial institutions, general contractors, subcontractors, suppliers, design professionals, developers, small businesses and individuals in cases involving construction defects, delay claims, lien law, design liability, dispute resolution, licensing issues, procurement, condominium and home owner associations, credit agreements, contract disputes, business torts, government bid protests, intellectual property rights and bankruptcy. He has also counseled clients in the drafting of customized construction contracts, as well as contracts derived from standard AIA, ConsensusDOCS, and EJCDC contracts.


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Representative Clients

  • Represented the owner of a 32-story, apartment tower in Downtown Orlando in a $6 million dispute with a large general contractor concerning the close-out of a $160 million construction project.
  • Drafted and negotiated a complex construction contract for a $30 million 143,000 square ft. hospital neurological center in South Florida.
  • Obtained a permanent injunction on behalf of the contractor against a former employee for an ongoing breach of non-compete/ non-solicitation agreement.
  • Represented the owner of two, luxury hotels in Orange County, Florida against a large general contractor and subcontractors in federal court concerning a $3 million claim for defective construction and repair of the fire safety system in over 1,500 hotel rooms.
  • Represented an Orange County municipality concerning breach by a general contractor of a contract for construction of a road.
  • Represented an Orange County municipality in a dispute concerning defective construction and delay claims resulting from the construction of a lift station, water main, force main and gravity sewer line.
  • Negotiated a joint venture agreement between the general contractor and electrical contractor concerning construction of a major theme park attraction in Orlando, Florida.
  • Represented the contractor in litigation concerning non-payment for construction work from a large timeshare condominium development in Orange County, Florida.
  • Drafted construction contracts for numerous contractors, subcontractors and developers.
  • Represented a large financial institution in a dispute with a general contractor involving lender liability claims for ceasing disbursement of construction loan funds.
  • Represented a developer of a luxury, high-rise, waterfront condominium concerning defective design and construction of fountains, driveways and common areas.
  • Represented the manufacturer of roofing products against a Downtown Orlando high-rise, condominium association concerning multi-million dollar defective construction and warranty claims.
  • Represented a national law firm in an alleged legal malpractice claim concerning a contractor’s filing of a fraudulent construction lien.
  • Represented a real estate investor in litigation involving alleged fraud in the inducement for failure to disclose latent defects in the sale of a large apartment complex.
  • Resolved a dispute between owners of a joint venture established to develop a 310 acre parcel of real estate.
  • Resolved a contract dispute between an engineering firm and developer concerning site work for a retail/commercial center.
  • Represented a general contractor concerning a dispute with a subcontractor involving alleged defective work on large retail center.
  • Resolved a $3 million claim on behalf of a national bank against a title insurance company involving a fraudulent scheme in the transfer of commercial real property.
  • Represented a company in a dispute with its joint venture partner regarding the investment of $10 million in a deep water salvage operation.
  • Represented a software developer in federal court concerning fraud, bad faith, breach of fiduciary duty, theft of trade secrets and breach of contract claims arising from a joint venture for the development of wellness software.
  • Represented the School Board of Seminole County, Florida concerning a breach of software contract by a large, multi-national computer technology company.
  • Represented a large hurricane debris removal contractor concerning $4 million in damages for breach of contract by a local municipality in the aftermath of Hurricane Charley.
  • Represented a land owner in the defense of toxic tort claims concerning alleged groundwater contamination.
  • Represented a condominium developer concerning an alleged breach of contract by numerous condominium purchasers.
  • Represented a world-renowned, rock n’ roll band against a serial trademark infringer in federal court concerning claims for injunctive relief and damages.
  • Represented a Grammy-nominated, popular music group concerning a dispute with management involving a multi-million dollar breach of contract, business tort and shareholder derivative claims.
  • Represented numerous commercial landlords in several eviction actions against tenants based upon the tenants’ failure to comply with various terms of their leases.
  • Federal Trade Commission v. HES Merchant Services Company, Inc., 652 Fed. Appx. 837 (11th 2016)
  • Dewanshi Motels, Inc. v. Branch Banking and Trust Co., 136 So. 2d 607 (Fla. 5th DCA 2014)
  • MSR GL Resort, L.P. v. Hunt Construction Group, Inc., 2012 WL 2873117 (Fla. 5th DCA 2012)
  • Myers v. Highway 46 Holdings, L.L.C., 65 So. 3d 58 (Fla. 5th DCA 2011)
  • Kulkis v. Helling Property Service, 970 So. 2d 845 (Fla. 5th DCA 2007)
  • Theodoropolis v. Talbert, 660 So. 2d 1056 (Fla. 5th DCA 1996)
  • Doobie Brothers Corp. v. Paul Curcio, 2000 WL 34585789 (M.D. Fla. 2000)
  • Ohri v. Thrailkill, 663 So. 2d 641 (Fla. 5th DCA 1995)

Professional and Civic Activities

  • American Bar Association
    • Chair-Elect, Business Litigation Committee, Tort, Trial & Insurance Practice
  • The Florida Bar
    • Real Property, Probate & Trust Law Section
  • Orange County Bar Association
    • Past President, 2006-2007
    • Young Lawyers Section, Past President, 1999
  • Orange County Bar Association Foundation
    • Past President, 2007-2009
  • U.S. District Court, Middle District of Florida, Orlando Division
    • Past Member Federal Bar Grievance Committee
  • OCBA Legal Aid Society
    • Past Member, Board of Trustees
  • Construction Financial Management Association (CFMA)
  • National Association of Industrial & Office Properties (NAIOP)
  • Associated Builders and Contractors
    • Board of Directors, Central Florida Chapter (re-elected 2016)
  • Florida Citrus Sports Association
    • Treasurer
    • Executive Committee
    • Elected Board Member
    • SEC Combine Coordinator
    • SEC Team Host
  • City of Orlando, Advisory Committee Member
    • RFP Construction Manager at Risk, $180 Million Florida Citrus Bowl Stadium Renovation Project
  • Buoniconti Fund to Cure Paralysis
    • Orlando Chapter, Board Member

Education

  • Juris Doctor: University of Florida Levin College of Law, Gainesville, Florida, 1993
  • Bachelor of Science in Business Administration: University of Florida, Gainesville, Florida, with honors, 1986

Bar Admissions

  • Florida
  • U.S. Court of Appeals, 11th Circuit
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Southern District of Florida

Recognition & Awards

  • Board Certified in Construction Law by The Florida Bar Board of Legal Specialization
  • Certified Circuit Civil Court Mediator, the Florida Supreme Court
  • Recognized as an Outstanding Lawyer in Commercial Litigation and Litigation - Construction in The Best Lawyers in America®, 2016-2018
  • Named Outstanding Commercial/Business Litigation Attorney in Orlando Magazine, 2016-2018
  • Received the Outstanding Service Award from the Orange County Bar Association, 2007-2008
  • Received the Outstanding Executive Council Member Award from the Orange County Bar Association, 2005-2006
  • Received the Distinguished Past President Award from the Kiwanis Club of Central Orlando, 2001
  • Recognized as Volunteer of the Year from Florida Citrus Sports Association, 1999
  • Graduate of Leadership Orlando, 1998
  • Martindale Hubbell: Preeminent AV Rating

Speaking Engagements

  • C3: Construction, Contracts and Courts, presented to the Associated Builders and Contractors, Central Florida Chapter, 2016
  • 2012 Statutory Changes in Florida’s Construction Laws, presented to the Associated Builders and Contractors, Central Florida Chapter, 2012
  • Recent Developments in Construction Law, presented to the Construction Financial Management Association, 2011
  • The Pre-Trial Phase of Mortgage-Related Litigation, served as a panelist for the American Bar Association Tele-CLE, 2011
  • Construction Lien Law, presented to CFMA, 2010
  • AIA Contract Changes, presented to CFMA, 2008
  • Florida Construction Liens, presented to Half Moon LLC, 2005

Publications

  • “Top 12 Construction Law/Litigation Tips for 2015”, published in LinkedIn Pulse, 2015
  • “Recent Legislative Changes to Florida’s Construction Laws Will Require Modification of Certain Construction Methods and Documentation”, published in The Briefs, a publication of the Orange County Bar Association, 2012
  • “Banks Acceptance of TARP Funds is No Defense to Collection Action”, published in the American Bar Association Business Litigation Committee Newsletter, 2011
  • “Deepening Insolvency in Bankruptcy: The End Appears Near”, published in the American Bar Association, Torts and Insurance Practice Section Business Litigation Committee Newsletter