Thresher P.A.

Our firm provides advice and representation in every aspect of construction law, including: 

• Litigation- We have handled cases of all sizes including multi-million dollar complex construction litigation.

• Alternative Dispute Resolution- Many contracts now call for either mediation or arbitration as the means of dispute resolution.  Our firm has successfully presented matters in both alternative forums.  Additionally, the attorneys have experience acting as arbitrators (Joseph Thresher) and mediators (John Thresher).

• Negotiation- Often the best result a client will receive is achieved through negotiation before a lawsuit is ever filed.  The firm focuses on maximizing the client’s ability to avoid a lawsuit through pre-suit negotiations.  This strategy is beneficial to clients, even when unsuccessful in avoiding a lawsuit, because pre-suit demands and offers to settle are often considered by the court in determining the prevailing party for purposes of award of attorney’s fees and costs.  Our pre-litigation goal is to assist the client in identifying responsibility rights and remedies, organizing information for effective presentation in negotiations, preserving rights under lien and bond laws, assuring compliance with applicable law and contract conditions, and assisting clients in pursuit of prompt resolution.

• Administrative Remedies- We have experience presenting claims in administrative forums in cases where administrative remedies are an alternative or prerequisite to litigation.

• Document Review and Preparation- The Florida Lien Law is a very complex, detail oriented set of statutes.  The failure to understand responsibilities, rights or procedures can result in loss of rights, loss of remedies, and significant added financial loss.  Our firm is available to promptly consult and draft documents or confirm that documents to be served by clients conform to the current statutory and contractual requirements.

• Contract Review and Preparation- We believe that the best way to avoid a lawsuit is careful consideration of who you do business with in the first place or secondly to insist upon a fair and unambiguous contract.  Our firm reviews client's contracts to assist the client in understanding its risks, the responsibility assumed, or procedures to preserve contract rights and remedies.

• Updates on Changing Laws- The law as it relates to construction is constantly being amended by the legislature.  We regularly review pending legislation and update clients on the changes and the effect of those changes if and when they become law.

Surety Law in Florida, like the Florida Construction Lien Law, is a complex and detail-oriented set of statutes.  The failure to strictly adhere to the statutory scheme for presenting a claim against a bond or for responding to a claim against a bond can result in the loss of rights and remedies for the party.

The firm has extensive experience in both representing contractor’s sureties against payment bond claims and in prosecuting claims against sureties on behalf of owners, subcontractors, or suppliers.  We have experience in both private and public bond matters.

We also offer advice and training to clients and clerical staff engaged in payment process and devise appropriate forms for specific needs of each client.

The firm is proud to represent nationally known design firms.  The firm’s work for design firms includes training staff engaged in contract administration on points of Florida law, assisting in contract review and suggestions for alternatives in contract negotiations, and assisting clients preparing for competitive presentation for public design contracts.

We have successfully defended claims and resolved claims without litigation against designers by Owners and contractors on a variety of different project types including, multi-family towers, custom homes, site work, steel bridge fabrication, mechanical systems, fire and safety systems and design of professional and college sports facilities.

Thresher P.A. represents condominium and homeowner associations in disputes regarding construction defects an adequate funding of reserves.

While we feel litigation should be a client’s last resort, we regularly handle construction lawsuits from the time of inception through any appeals and collections.  We have participated in construction cases in Small Claims, County Courts, Circuit Courts, and the Middle District of Florida Federal Court.  The vast majority of our cases are situated in the Circuit Courts, which handle claims greater than $15,000.

We understand that different construction cases require different litigation strategies.  While the amount in dispute often dictates the amount of money a client is willing to spend to prosecute the claims (and justifiably so), we always discuss various litigation strategies that maximize the client’s opportunity to recover attorney’s fees and costs at the end of the litigation.  When the amount in dispute is significant or the issues in litigation are complex, we have the technology to handle and organize and present numerous documents electronically.

In presentations, whether before a mediator or a court, we work with client staff and forensic experts to focus on the most cost effective method of presentation for each particular issue.  Weighing the amount in controversy, the complexity of the issues, and the forum we are presenting to, we decide on the most cost effective method of presentation.  These presentations range in complexity from simple memorandums in support of our argument to electronic presentations, graphs, and interactive CD-ROMS the fact finders can review efficiently without fumbling through volumes of documents.