Felena Talbott, Esq.

BOARD CERTIFIED CONSTRUCTION LAWYER

Ms. Felena Talbott a partner in the firm, whose practice focuses on representing clients in all aspects of Construction Law and Litigation. She serves as legal counsel to numerous property owners (public and private), developers, contractors, subcontractors, design professionals, suppliers, sureties and insurers throughout the State of Florida. In addition, Ms. Talbott also represents insureds in Property Damage Claims.

Ms. Talbott also advises developer clients in all phases of project development, including the formation of condominium acquisition.

*Certification is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in the areas of law approved for certification by the Supreme Court of Florida. Every board-certified construction lawyer has practiced law on a full-time basis for at least five years and been substantially involved 40 percent or more in the area of construction law during the preceding application.

BAR ADMISSIONS:

  • Florida

CERTIFICATIONS:

  • Board Certified Construction Lawyer: Florida

AREAS OF PRACTICE:

  • Construction Litigation

  • Business Law

  • Insurance Defense

RECOGNITION:

  • Martindale Peer Review Rating: AV*

COURT ADMISSIONS:

  • Florida

  • United States District Court, Southern District of Florida

  • United States District Court of Appeals, Eleventh District

  • United States Middle District of Florida

MEMBERSHIPS:

  • Construction Association of South Florida

  • Roofing Contractors of South Florida

  • Fellow: Construction Lawyers Society of America

SIGNIFICANT MATTERS:

  • Ms. Talbott represented a glass and railing subcontractor with respect to improvements the contractor made at the Hotel in Miami Beach. The subcontractor did not get paid for its work and was forced to bring suit. The Defendant, a large steel fabrication company, attempted to delay and drag out the litigation in an attempt to wear down the Plaintiff, subcontractor. Ms. Talbott put the case before a Jury and received a verdict in favor of her client for the full amount claimed.

  • Ms. Talbott litigated a hard-fought battle on behalf of the General Contractor against a prominent South Florida structural engineering firm. The General Contractor was hired by the Developer to act as the Construction Manager to construct a 32 story luxury condominium project located in Brickell Key, Florida. The contractor was delayed in its performance due to the Structural Engineering Firm’s failure to provide timely structural design drawings. The project and design were unique as the structural steel transfer system at the 14th and 15th level cantilevered over the four large columns and carried the weight of the remaining 18 floors above. The contractor was seeking reimbursement of approximately $900,000 for extended general conditions it incurred due to the allegedly defective design drawings. Ms. Talbott negotiated a settlement in favor of the contractor in excess of $640,000.

  • Ms. Talbott and Oscar E. Soto represent the School Board of Broward County, Florida with respect to claims related to construction and renovations of public schools. Mr. Soto and Ms. Talbott represented the School Board with respect to design errors and /or omissions on a Public High School on a Phased renovation project. The main issue in the case was the delay and costs escalations of the new cafeteria constructed on the site. The School Board alleged that the architect of record failed to timely provide design plans and failed to provide code compliant plans causing the School Board to pay the General Contractor additional sums for material and labor escalation costs and extended general conditions. During the course of the litigation, the Defendant Architect filed a Counterclaim alleging the School Board caused the delays at the project and was seeking $600,000 plus in additional services for alleged delays. Ms. Talbott filed and argued a Motion for Summary Judgment with respect to the Architect’s alleged delays. The Judge granted the Summary Judgment against the Architect as to its claims for delays. Thereafter, Ms. Talbott negotiated a settlement in favor of the School Board in excess of $1,500,000.

  • Ms. Talbott and Senior Partner, Oscar E. Soto represented the Owner / Developer of a new five-story Nursing and Rehabilitation Center located in Coral Gables, Florida. The project was constructed on a zero lot line with a multi-level parking garage 25 feet below the water table. The project was delivered approximately one year late. The Contractor was ultimately terminated for failure to complete the project. The Soto Law Group, P.A. put the Surety on Notice of Default and demanded the Surety complete the project as required by its Payment and Performance Bonds. Ultimately, the Owner / Developer sued the Contractor, Surety and Architect of record in Federal Court. Ms. Talbott and Mr. Soto negotiated a settlement with the Surety to complete the project and to allow the Owner / Developer to retain in excess of Two Million Dollars of contract funds that would have been due to the contractor and/or the completing Surety. In addition, a settlement was reached between the Owner / Developer and the Architect of record as to the claims arising from the design errors and omissions resulting in payment from the Architect to the Owner / Developer in excess of $800,000.

  • Ms. Talbott represented a performance and payment bond surety in a Sixty Million Dollar action brought by the Owner of a Five Star luxury Hotel Condominium located in Sunny Isles Florida. Ms. Talbott filed and argued a Motion for Summary Judgment as to the Owner’s consequential damages claim of approximately Thirty-Five Million dollars. The complex litigation judged ruled in favor of Ms. Talbott’s client and denied the Owner’s entire claim for consequential damages.