George Truitt

Overview

George R. Truitt, Jr. is the Managing Partner of the firm’s Construction Group, which is dedicated exclusively to the counseling and litigation of construction-related matters. Mr. Truitt is a Board Certified Specialist in Florida Construction Law. He was admitted to the Florida Bar in 1992 and has been A-V Rated by Martindale Hubbell since 1998. In 2017, Mr. Truitt was ranked by Chambers and Associates as a leading Florida construction attorney. Mr Truitt has been recognized by The Best Lawyers in America^®since 2019.

For the past twenty-six years, he has devoted his practice to construction litigation and risk management counseling, including the representation of design professionals in professional liability claims, developers, contractors, and subcontractors in construction defect, contract, inland marine (builder’s risk coverage and litigation) and lien enforcement claims, payment and performance bond sureties in public and private bond and subrogation claims and commercial general liability and professional liability insurers in coverage counseling and litigation.

Mr. Truitt also focuses on Environmental Bodily Injury and Property Damage claims. His practice includes extensive experience with Chinese drywall sulfurous off-gassing, CPVC environmental stress cracking from incompatibility with ABF II cutting agents, mold, mildew, fungi, bacteria, radon, carbon monoxide poisoning, and Legionnaire’s disease claims.

Mr. Truitt obtained his Bachelors of Science from Rollins College, cum laude, in 1988 and his Juris Doctor from Nova Southeastern University Shepard Broad Law School in 1992. He is admitted to The Florida Bar and the United States District Courts for the Southern and Middle Districts of Florida. Mr. Truitt is a member of the Real Property, Probate and Trust Law Section of the Florida Bar, the Construction Association of South Florida, the Latin Builders Association, the Professional Liability Attorneys Network (PLAN), the American Institute of Architects, and the Miami-Dade County Bar Association.

Mr. Truitt’s recent trials include:

Casa Clara Condominium Ass’n, Inc. vs. RL James, Inc. General Contractor
Venue: Monroe, Florida.
Case No.: 2011-CA-228M
Client: RL James, Inc. General Contractor – Balcony replacement and concrete restoration contractor.
Trial Attorneys: George R. Truitt, Jr., Esq. and Dan Levin, Esq.
Result: Defense verdict on seven of eight counts against RL James after bifurcated liability trial. Interim motion for entitlement to attorneys fees in favor of contractor was granted by the court, and the matter settled for mutual releases and no monetary exchange.

Jesse McIntosh, as Personal Representative of the Estate of James McIntosh vs. Progressive Design & Engineering, Inc., et al
Venue: Broward County, Florida.
Case No.: 07-025039 (13)
Client: Progessive Design & Engineering, Inc. – Traffic engineer for design of the intersection
Trial Attorneys: George R. Truitt, Jr., Esq. and Greg Willis, Esq.
Result: Defense verdict against a demand of $7,700,000 in this wrongful death case. Upheld on appeal to the Fourth District Court of Appeal. Florida Supreme Court declined to accept jurisdiction.

Randy Gonzalez vs. Carlos Barranchea, et. al.
Venue: Miami-Dade County, Florida.
Case No.: 10-46125 CA 09
Client: Ramon Pacheco & Associates, Inc. – Architect for design of custom home.
Trial Attorneys: George R. Truitt, Jr., Esq. and Daniel Levin, Esq.
Result: Plaintiff’s verdict for actual repair costs of $80,000. Loss of use of $310,000 denied, but reversed on appeal in controversial damages opinion.

Renegade at Hialeah Blvd, LLC. v. Dynatech Engineering, Corp. and Wissam S. Naamani, P.E.
Venue: Miami-Dade County, Florida.
Case No.: 11-11071 CA 23
Client: Dynatech Engineering, Corp. geotechnical engineering and testing during construction.
Trial Attorneys: George R. Truitt, Jr., Esq. and Greg Willis, Esq.
Result: Defense verdict against a demand of $465,000. Recovered $83,000 in fees and costs from Plaintiff.

Dickerson Florida, Inc. v. Taylor Engineering, Inc., et. al.
Venue: Duval County, Florida.
Case No.: 16-2012-CA-010185
Client: Taylor Engineering, Inc. – Coastal and dredging engineer.
Trial Attorneys: George R. Truitt, Jr., Esq. and Daniel Duello, Esq.
Result: Defense verdict against a demand of $3,450,000. Judgment on engineer’s counterclaim for $35,000 for fees owed. Affirmed on appeal.

Mr. Truitt’s published opinions and opinions in which he was trial counsel include:

Dickerson Florida, Inc. vs. Taylor Engineering, Inc., - defense verdict and verdict in Engineer’s favor for contract balance affirmed on appeal. Order denying attorney’s fees and costs to client reversed and remanded, 42 Fla. L. Weekly D 1240 (Fla. 1st DCA 2017)

Jesse McIntosh, as Personal Representative of the Estate of James McIntosh, et. al. v. Progressive Design & Engineering, Inc., 166 So. 3d 823 (Fla. 4th DCA 2015), cert. denied 2015 WL 5248584 (upholding defense verdict based on Slavin doctrine);

Randy Gonzalez, et. al. vs. Carlos M. Barranchea, et. al., 170 So. 3d 13 (Fla. 3rd DCA 2015) (appraiser’s testimony on rental value based on flawed assumptions is not too speculative to establish prima facie case for loss of use).

Dan Euser Waterarchitecture, Inc. v. City of Miami Beach, Florida, 112 So. 3d 683 (Fla. 3rd DCA 2013) (reversing order requiring non-resident Canadian corporation to appear for deposition in Florida);

Coral Windows Bahamas, Ltd. vs. Pande Pane, LLC, et. al., 2013 WL 321584 (S.D. Fla. 2013) (order denying summary judgment against defendant as alleged successor).

McDaniels Reserve Realty Holdings, LLC. vs. BSE Consultants, Inc., et al., 39 So. 3d 504 (Fla. 4th DCA 2010) (venue for professional liability claim);

In re Florida Development Associates, Ltd., Slip Op. 2009 WL 393870 (S.D. Fla. Bankr. Feb. 9, 2009) (permissive abstention by bankruptcy court from exercising jurisdiction over construction claim by bankrupt developer);

Mr. Truitt is a Founding Member of the CLM National Construction Claims Advisory Board and lectures on various construction law topics, including risk management for design professionals and developers. He has presented to most major professional liability commercial general liability insurers and construction sureties on topics ranging from “Core Concepts in Construction Defect Litigation” to “Risk Management for Architects” and “Getting to Yes – Mutually Agreeable Counsel Under a Reservation of Rights.”

Mr. Truitt has served as an arbitrator in commercial and construction disputes before the American Arbitration Association. He is approved by the Florida Bar to provide Continuing Legal Education to attorneys and Continuing Education to insurance claims professionals in various construction law topics.