E-mail MeLarry R. Leiby
888-341-9053 (Toll Free)
Mr. Leiby began his practice in construction law in 1973 and was the founder and first chairman of the Construction Law Committee in the Real Property Section of the Florida Bar. Mr. Leiby was appointed to the inaugural Florida Bar Construction Law Certification Committee in 2004 and chaired that committee in 2006-7. Mr. Leiby was awarded the Lifetime Achievement Award from the Florida Bar Construction Law Committee in 2008.
Mr. Leiby is Board Certified in Construction Law by the Florida Bar. For over 35 years as an advocate Mr. Leiby has handled construction disputes in state and federal courts and in arbitration. Mr. Leiby has been selected for the following distinctions by peer review: Martindale Hubble AV rating; Martindale-Hubble Register of Preeminent Attorneys (in Construction Law); Woodard/White's Best Lawyers in America; Chambers USA American's Leading Business Lawyers; List of Top Lawyers in South Florida by South Florida Legal Guide; Florida's Top Lawyers listed in Florida Monthly; Florida Super Lawyers by Law & Politics, and American Research Corporation "Leading Florida Attorney."
Mr. Leiby teaches Construction Law at the Florida International University School of Law.
Mr. Leiby now devotes most of his time as an arbitrator, mediator, private trial resolution judge, dispute review board member, and insurance umpire. He also counsels clients and lawyers on construction contracts and construction legal issues, teaches, and handles appeals. he is a fellow in the College of Commercial Arbitrators and member of the American Arbitration Association resolving business and construction disputes.
Areas of Practice
- Arbitration & Mediation
- Construction Law
- Government Contracts
- Fidelity, Guarantee & Surety
- 5% of Practice Devoted to Litigation
Certified Legal Specialties
- Board Certified in Construction Law
- Civil Mediator , Circuit Court
- DRBF Training for Dispute Review Board Service, DRBF
- Florida, 1973
- U.S. District Court Southern District of Florida, 1974
- U.S. District Court Middle District of Florida, 1981
- U.S. Court of Appeals 11th Circuit, 1981
- U.S. Court of Federal Claims, 1981
- U.S. Supreme Court, 1980
- University of Miami School of Law, Coral Gables, Florida
- J.D. - 1973
- University of Miami, Coral Gables, Florida
- B.M. - 1969
- "Florida Construction Law Manual" (first published in 1981 by Shepard's/McGraw-Hill), Currently Published Annually by Thomson West as Volume 8 of the Florida Practice Series
- "Florida Construction Lien and Payment Bond Primer" (Approved text for Florida State Construction Licensing Examination), Part of The Contractor's Manual, Published by ABC East Coast Chapter, 1999, 2004, 2007
- "Contractual Indemnity in Construction for Your Negligence - What Year is it?", The Florida Bar Journal, July/August, 2003
- "1998 Changes to the Florida Construction Lien Law", The Florida Bar Journal, September, 1999
- "Survey of Construction Law", Nova Law Review 1992 and 1994
- "The Role and Liability of the Qualifying Agent in a Corporate Structure", Co-authors with David J. Valdini and Wilson Barnes, Florida International University, 1993
- "Subcontractor's guide to the Mechanics' Lien Law", ASA So. Fla., 1976
- How to Comply with Chapter 558 Florida Statutes: Current Challenges amd Future Changes, Florida Bar Journal, February, 2009
- The Interaction Between Arbitration & Construction Lien Enforcement, AAA Dispute Resolution Journal, Volume 68, Number 2, 2011
- When is a Final Construction Lien Release Really Final?, Florida Bar Journal, January, 2012
- "Professional Liability Policies 101", Construction Today, August, 2012
- "DRB’S Offer a Proactive Approach to Dispute Avoidance/Resolution", Engineering News Record, September, 2012
- "Class Arbitrations Under Attack – But Survive", Journal of the American College of Construction Lawyers, Vol. 7 No. 1, 2013
- "Construction Dispute Resolution - A Comparison of Rules and Fees from U.S. Arbitration Organizations", Florida Bar Journal, 2014
- Rossmoor Corp. v. Tri-County Concrete Products, Inc., 375 So.2d 896 (Fla. 4th DCA 1979)
- Coordinated Constructors, Inc. v. Florida Fill, Inc., 387 So.2d 1006 (Fla. 3d DCA 1980)
- Acadia Development Corp. v. Rinker Materials Corp., 419 So. 2d 1142 (Fla. 3d DCA 1982)
- Vincent J. Fasano, Inc. v. School Board of Palm Beach County, 436 So. 2d 201 (Fla. 4th DCA 1983)
- Coral 97 Associates, Ltd.v. Chino Electric, Inc., 501 So. 2d 69 (Fla. 3d DCA 1987)
- Builders Glass & Metal, Inc. v. M.E.T. Construction, Inc., 528 So. 2d 988 (Fla. 3d DCA 1988)
- Fidelity and Deposit Company of Maryland v. Delta Painting Corp., 529 So.2d 781 (Fla. 4th DCA 1988)
- Levitz Electric, Inc. v. George Hyman Construction Co., et al (In re Levitz Electric, Inc.), 100 B.R. 602 (S.D. Fla. 1989)
- Mursten Construction Co. v. C.E.S. Industries, Inc., 588 So. 2d 1061 (Fla. 3d DCA 1991)
- In re: Simco Mechanical, Inc., 151 B.R. 978 (S.D. Fla. 1993)
- Alexdex Corp. v. Nachon Enterprises, Inc., 641 So. 2d 858 (Fla. 1994)
- Hollub Construction Company v. Narula, 704 So. 2d 689 (Fla. 3d. DCA 1997)
- Fischer-McGann, Inc. v. Gene B. Glick Co., Inc., 715 So 2d 994 (Fla. 4th DCA 1998 1998)
- Hewitt-Kier Construction, Inc. v. Lemuel Ramos and Assoc., Inc., 775 So. 2d 373 (Fla. 4th DCA 2000)
- Bill Stroop Roofing, Inc. v. Metropolitan Dade County, 788 So. 2d 365 (Fla. 3rd DCA 2001)
- H.W. Gay Enterprises, Inc. v. John Hall Electrical Contracting, Inc., 792 So. 2d 580 (Fla. 4th DCA 2001)
- Rewards Hotel Mgmt. Co., LLC v. Elite Gen. Contractors, Inc., 860 S. 2d 1011 (Fla. 3d DCA 2003)
- Travelers Casualty & Surety Co. v Dynalectric Co., 23 So. 3d 1255 (Fla. 3d DCA 2009) (Fla. 3d DCA 2009)
- Arellano Construction Corp.
- Associated Builders and Contractors Florida East Coast Chapter
- Bostic Steel, Inc.
- Builders Notice Corp.
- Coastal Masonry, Inc.
- Decktight Roofing Services, Inc.
- Elite Restorations, Inc.
- G.T. Construction and Development, Inc.
- Hollub Construction Group
- Kast Construction Company
- Kolter Property Company
- Sumitomo Corp.
- OHL Building, Inc.
- Miami-Dade College
- West Palm Beach Housing Authority
- Construction Law, Florida International University College of Law, 2008 - Present
- Construction Law Continuing Legal Education Seminars, Florida Bar Real Property Section, 1977 - Present
- Construction Law, Construction Law Case Studies and Construction Claims, Florida International University Department of Construction Management, 1994 - 1996
- Construction Liens, Builders Notice Corp., 1976 - Present
- Construction Liens, Payment Bonds, Construction Contract Drafting, Construction Contract Administration and Alternate Dispute Resolution, Florida Construction Industry Licensing Board, 1995 - Present
- Basic Construction Arbitrator Training, American Arbitration Association, 1996 - 1997
- Arbitrator II, Construction Arbitrator Training, American Arbitration Association, 1999 - Present
- Arbitration Behind the Scenes, Florida Bar Construction Law Masters Institute, 2008 - Present
Honors and Awards
- Lifetime Achievement Award from Florida Bar Construction Law Committee, 2008
- American Subcontractors Association Leonard A. Weiss Legislative Achievement Award, 1998
- Excellence in Construction Education Award from Florida Institute of Technology Construction Industry Advisory Board, 2004
Professional Associations and Memberships
- Construction Law Committee of the Real Property Section of the Florida Bar, Founder, Chair (1976-1992), member (1993-present)
- Construction Law Certification Committee, (2004-present), Chair (2006-7)
- American Bar Association Forum Committee on the Construction Industry, 1976 - Present
- American Bar Association Public Contract Law Section, Chairman for State of Florida, 1992 - 1995; Member 1989 - Present
- American Arbitration Association, 1992 - Present
- Associated Builders and Contractors, Director of East Florida Chapter, 1999 - 2008
- Associated General Contractors, 2000 - Present
Past Employment Positions
- Kavanaugh & Leiby, Partner, 1974 - 1981
- Leiby & Elder, Partner, 1981 - 1987
- Leiby, Elder, Ferencik & Libanoff, P.A., Partner, 1987 - 1991
- Leiby, Ferencik, Libanoff & Brandt, P.A., Partner, 1991 - 1996
- Leiby Construction Law Firm, P.A., Managing Partner, 1997 - 2005
- Leiby Stearns & Roberts, P.A., Of Counsel, 2005 - 2009
Pro Bono Activities
- Writing and Appeals