Sean A. Mickley

Partner

As a board certified construction lawyer, Sean specializes in preparaing and negotiating construction and development contracts and representing all players in construction and real estate disputes, including state and federal court litigation, arbitration, dispute review boards, and administrative hearings. Over the course of his career, Sean has represented owners, developers, contractors, designers, and subcontractors across various markets, including commercial and residential construction, mixed-use projects, tenant build-out, condominium and multi-family, transportation and infrastructure, railways, bridges, and large site development projects.

Sean has litigated or arbitrated numerous types of real property and construction matters, including breach of contract claims, business tort claims, insurance coverage disputes, delay claims, defect claims, joint venture disputes, non-compete claims, negligence and professional liability claims, construction lien and bond claims, and bid protests.

In his transactional work, Sean has drafted and negotiated numerous real estate development and construction contracts, including design-build, program management, construction management, design professional agreements, and master subcontracts on both public and private construction projects.

Sean has also served as outside project counsel for contractors during on-going projects providing real-time legal advice on issues arising on a daily basis. This service has provided clients the unique advantage of addressing legal issues quickly to eliminate risk and to set up the client for success on claims in the future. 

  • Assisted ENR Top 50 contractor in managing, preparing, and mitigating Bet-The-Company sized claims and losses on a railway construction project in Boston, MA.
  • Served as outside project counsel to contractor addressing claims and legal issues in real-time on a civil works project exceeding $500 million.
  • Represented large heavy civil contractor in $30 million delay and impact claim arbitration brought by a subcontractor on a public construction project.
  • Represented large general contractor in a $30 million business tort claim against a fellow joint-venture partner.
  • Represented a lending institution against a defunct general contractor to recoup potential losses on a multi-million dollar construction loan and land acquisition loans.
  • Represented a private developer against the prime contractor in a delay and contract breach claim in excess of $10 million of total claims.
  • Defended a general contractor against several claims by the same subcontractor in various courts throughout Florida, and prosecuted counter-claims for fraud.
  • Represented a private project owner in a lawsuit against design professionals for defective design, delay damages, and professional negligence.
  • Litigated numerous construction defect claims on behalf of developers and in defense of contractors, including disputes revolving around insurance coverage issues on commercial general liability and professional liability insurance policies for purposes of securing insurance coverage.
  • Represented local municipality in negotiating design-build agreement for addition of new airport terminal.
  • Represented local municipality in re-writing all design/build bid documents and associated contract, and design, bid, build front-end bid documents and associated contract.
  • Drafted and negotiated a cost plus with GMP contract for developer on a $33 million apartment complex project in Sarasota, Florida.
  • Revised and negotiated heavily modified AIA A 101-2017 prime contract and associated subcontracts for several large certified general contractors.
  • Drafted and negotiated prime contract between hotel developer and certified general contractor for $12 million hotel project in Tampa, Florida.
  • Drafted and negotiated modified AIA A102-2017 and A201-2017 on behalf of certified general contractor for a $6 million self-storage facility
  • Florida, 2010
  • District of Columbia, 2021
  • US District Court, Middle District of Florida
  • US District Court, Southern District of Florida
  • US Court of Appeals, Eleventh Circuit
  • Florida Bar's RPPTL Construction Law Committee, Co-Chair, Legislative Subcomittee
  • Barry University School of Law, JD, 2010, Cum Laude
  • University of Florida, BA, 2005
  • Board Certified in Construction Law by The Florida Bar
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  • SuperLawyers, Rising Star in Construction Litigation - 2015, 2017 - 2022
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  • AV-Rated by Martindale-Hubbell

Southeastern Concrete Constructors, LLC v. Western Surety, 331 So. 3d 763 (Fla. 4th DCA 2021)