Gary L. Brown

Gary Brown is a partner in the Fort Lauderdale office of Arnstein & Lehr LLP and is a member of the firm’s Construction Practice Group. He is Board Certified by The Florida Bar in Construction Law. He practices in general commercial and business litigation, handling both complex and routine matters for clients with special expertise in construction-related matters, including:

  • Contract drafting and negotiation;
  • Dispute resolution;
  • Florida’s Construction Lien Law;
  • Payment and performance bond claims;
  • Construction defect and mold claims;
  • Delay, inefficiency and acceleration claims;
  • Bid protests; and
  • Insurance/coverage disputes.

Gary has practiced law since 1995 in state and federal trial and appellate courts throughout Florida, where he has gained extensive experience in both trial and arbitration proceedings.

Gary’s construction litigation experience is primarily on the general contractor and subcontractor side, and includes representing owners with defect, lien, non-payment or other claims involving contractors and lower-tiered subcontractors. His owner-side representation also includes assisting municipalities and local governments in all aspects of public work projects, from writing IFBs, RFPs, RFQs, construction and design contracts, to carefully navigating through often difficult ongoing project disputes that jeopardize the proper and timely completion of the work to successful project close-out.

Gary’s construction litigation experience has involved the successful representation of large institutional owners, municipalities, general contractors and major subcontractors in the prosecution and defense of multi-million dollar wrongful termination, construction defect, and insurance coverage claims, as well as bid protests on multi-million dollar public works projects. His commercial litigation experience has involved the successful representation of privately held companies in shareholder derivative suits over corporate restructuring and sale of company shares; and a local title company in the defense of multi-million dollar claims by a national institutional lender for an alleged loan-kiting scheme.

Achievements, Awards & Recognition

  • Construction Association of South Florida (CASF)
    • Governmental Affairs Committee
  • Broward County Bar Association
    • Construction Law Committee
  • The Florida Bar Real Property Probate and Trust Law Section
    • Construction Law Committee
    • Publications Subcommittee
    • Legislative Subcommittee
    • Chair, Jury Instructions Subcommittee
  • Engineering Contractors Association (ECA)
  • Florida Super Lawyer, Florida Super Lawyers (2010-present)
  • Top Attorneys in Florida (2011-present)
  • Top Lawyer, South Florida Legal Guide (2012-present)
  • Top Up & Comer, South Florida Legal Guide (2011)

Publications & Speaking Engagements

Publications

  • Florida Construction Defect Litigation, book published by Daily Business Review (January 2016)
  • “Florida’s Construction Defect Statute Undergoes Significant Changes in 2015,” Mondaq (January 2016)
  • “Can Construction Lenders Be Liable to Lienors? Exploring Lienors’ Rights When a Project is in Foreclosure,” Construction Ink! (Fall/Winter 2009)
  • “Indemnity Obligations in Construction Contracts-Risk Management from the Indemnitor’s Perspective,” legal editor (2007) 
  • “Risk Transfer In The Construction Setting: Passing The Buck. Where Does It Stop?,” Construction Ink! (Spring/Summer, 2004)
  • “Sovereign Immunity And Government Contracting: What’s Happened Since Miorelli?” Construction Ink! (Fall, 2003)
  • “Applying Contractual Venue Provisions To Lien Foreclosures And Claims Against Payment Bonds,” Construction Law Chronicle (2002)
  • “Section 725.06, Florida Statutes, Undergoes Substantial Changes,” Construction Law Chronicle (2001)
  • “Construction Law For Attorneys In Florida,” ISCS Conference Lecture (1999)

Speaking Engagements

  • “Mechanics’ Liens in Florida,” National Business Institute (May 2015)
  • “Indemnity Provisions: Is the Subcontractor Responsible? What About the Design Professional?” National Business Institute (2014)
  • “Construction Defect Litigation – Anatomy of a Defect: What It Is and the Rules That Apply,” National Business Institute (2013)
  • “Managing Contract Changes/Handling Changes to Jobsite Conditions,” National Business Institute (2008)
  • “Damage Control: Addressing Claims and Disputes on Municipal Construction Projects” (2008)
  • “Indemnification in Construction Contracts,” CEU Institute (2006)

Education

Nova Southeastern University, Shepard Broad Law Center (J.D. 1995)
Nova College at Nova Southeastern University (B.A. with distinction 1991)

Bar Admissions

The Florida Bar (1995)
U.S. District Court, Southern District of Florida (1995)
U.S. District Court, Middle District of Florida (1999)
11th Circuit Court of Appeals (2009)