Who We Are

Bryan L. Capps, Esq.

Professional History

BRYAN CAPPS is a veteran construction attorney with over three decades’ experience dedicated almost exclusively to consultation, negotiation, and representation regarding virtually every manner of construction matters, issues, transactions, and disputes, in State and Federal forums across Florida and around the U.S. and the Caribbean. His practice has run the gamut, including cases involving design professional liability, construction defects, contractor claims, bid protests, administrative actions, and the like, both in prosecution and defense, arising from projects public and private, large and small.

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Practice Areas

  • Construction Law and Litigation
  • Complex Commercial Litigation
  • Electronically Stored Information
  • Appeals

Professional Recognition

  • Martindale-Hubbell, Rated “AV” (Preeminent), 1995 – Present
  • The Florida Bar, Board Certified in Construction Law, 2005 (inaugural class) – Present
  • Chambers & Partners, Leading Individual in Construction, 2014
  • Best Lawyers, Construction Law, Litigation – Construction, 2010 – Present

Bar Admissions

  • Florida, 1990
  • U.S. District Court, Northern, Middle, and Southern Districts of Florida, 1991
  • U.S. Court of Appeals, Eleventh Circuit, 1991
  • U.S. Supreme Court, 1995
  • U.S. Court of Federal Claims, 2015

Professional Memberships/Activities

  • The American Bar Association
    • Section of Litigation
      • Forum on Construction Law
  • The Florida Bar
    • Real Property, Probate & Trust Law Section
      • Construction Law Committee
    • Appellate Practice Section
  • The Orange County Bar Association
    • Construction Law Section
    • Intellectual Property & Technology Law Section

Representative/Reported Cases

  • Cathcart Contracting Co. v. P & S Paving, Inc., 161 So.3d 558 (Fla. 5th DCA 2014)
  • Abamar Housing & Dev., Inc. v. Lisa Daly Lady Decor, Inc., et al., 724 So.2d 572 (Fla. 3d DCA 1998), 698 So.2d 276 (Fla. 3d DCA 1997), den. 704 So.2d 520 (Fla. 1997)
  • Utica Mut. Ins. Co. v. Pennsylvania Nat. Mut. Cas. Ins. Co., 639 So.2d 41 (Fla. 5th DCA 1994), dism’d 649 So.2d 234 (Fla. 1994)
  • CH2M Hill Southeast, Inc. v. Pinellas County, 598 So.2d 85 (Fla. 2d DCA 1992)

Selected Published Works/Lectures

  • Lecturer: “Construction Lawyering for Fun and Profit,” ACE Mentoring Program, 2017 – 19, Orlando, Florida
  • Guest Lecturer: “Win! or Fail! (Fundamentals of Construction Contract Drafting, and Other Construction Law Tips and Tricks for the (Fledgling) Construction Executive or Business Owner),” University of Florida ME Rinker, Sr. School of Construction Management, October 2010, Gainesville, Florida
  • Lecturer: “Multi-Media Presentations Without the Expense of an Outside Consultant,” American Bar Association Section of Litigation Annual Conference, April 2003, Houston, Texas
  • Lecturer: “Everything You Always Wanted to Know About Current Issues in Construction Litigation (But Were Afraid to Ask),” Lorman Education Services, January 2003, Orlando, Florida
  • Lecturer: “Legal and Insurance Considerations in Asbestos Abatement,” University of Florida TREEO Center and Law Engineering, Inc., Asbestos Roofing Contractor’s Course, May 1994, Orlando, Florida
  • Author: “Dodging Bullets or Boomerangs–Casa Clara, Engineers, and the Economic Loss Rule,” Florida Engineering Society Journal, April 1994 (cover story)
  • Author: “Eichleay Formula Wins Acceptance,” Florida Constructor, May/June 1992
  • Author/Editor: Florida Construction Law Bulletin (published by Bull and Associates, P.A.), 1992 – 93

Education

  • B.A. (English), University of Florida College of Liberal Arts & Sciences, 1983
  • Bachelor of Building Construction, University of Florida School of Building Construction, 1989
  • J.D., University of Florida College of Law, 1989

Academic Honors

  • National Merit Scholar, 1979 – 1983
  • F. Wentworth Honors Scholar, 1980
  • Phi Eta Sigma (National Honor Society), Member, 1980

Prior Professional Experience

  • The Construction Law Firm, 2004 – Present, Owner, Founder, Managing Partner
  • Moye, O’Brien, Pickert & Dillon, 2013 – 2020 (Of Counsel)
  • Kirwin Norris, 2010 – 13, Partner
  • Gronek & Latham LLP, 2001 – 04, Partner
  • Moye, O’Brien, O’Rourke, Hogan & Pickert, 1994 – 2001 (Partner)
  • Bull & Associates, Associate, 1990 – 94