Real Estate Pitfalls that Lead to Disputes: Contract Drafting, ADR, and Construction Risks (Cosponsored by Miami Dade Bar)

Gary S. Rosner | Moritt Hock & Hamroff

Gary S. Rosner has over 25 years of experience in handling all areas of civil litigation including but not limited to complex, commercial, real estate, probate, business and title claims. Mr. Rosner is a sought-after mediator, arbitrator and special magistrate. He is a Florida Supreme Court Certified Circuit Civil and County Court Mediator, Florida Supreme Court Qualified Arbitrator and Florida Department of Financial Services Mediator.

In addition to his practice, Mr. Rosner serves as Adjunct Professor of Law at Nova Southeastern University. As a recognized leader in his field, he is a frequent speaker and moderator on various legal and alternative dispute resolution related matters.

Mr. Rosner is a highly respected attorney and mediator who earned his J.D. from St. John’s University School of Law in 1995 and his B.A. in Criminology from the University of South Florida in 1992. With extensive experience in alternative dispute resolution, real estate, and professional mediation, he serves on numerous boards and committees, including the Florida Academy of Professional Mediators, CREW Fort Lauderdale/Boca Raton, and the South Broward Bar Association, where he currently holds leadership roles. He is also actively involved with the Florida Supreme Court Mediator Ethics Advisory Committee, the Florida Bar Association ADR Section, and multiple local bar associations and professional organizations. Recognized for his excellence in the field, Mr. Rosner has earned the Martindale-Hubbell AV Preeminent rating, has been named a Boca Raton Observer Top Lawyer from 2023–2025, received the South Broward Bar Association President’s Award, and is listed among the Top 1% of America’s Most Honored Professionals in South Florida by the Daily Business Review and Miami Herald.

Adam E. Richards | Dickinson Wright

An integral member of our Florida team, Adam Richards is Board Certified in Construction Law by The Florida Bar – a distinction earned by less than 1% of Florida lawyers. His passion lies in guiding clients through Florida’s complex construction and development landscape, offering comprehensive support from negotiating agreements before a shovel hits the ground to dispute resolution efforts post-completion.

Adam’s project portfolio is diverse, ranging from buildings that shape Florida’s skyline as we know it today, including hotels, courthouses, as well as one of the tallest residential towers in the country, to vital infrastructure such as roads, expressways, treatment plants, courthouses and airports.

His legal journey began by navigating construction defects and learning of the pivotal role of insurance in this domain. Transitioning to a boutique firm, he honed his transactional skills in drafting and negotiating industry-wide construction contracts.

Previously, Adam served as General Counsel and Vice President of Operations for South Florida’s largest residential roofing contractor. This invaluable experience deepened his understanding of not only the construction industry, but of business, including operations, processes, management and customer service.

His complex construction experience includes contract disputes, delays, non-payment claims, liens, bonds, defects, insurance claims/loss events, damages to property, catastrophic injuries/fatalities, and risk transfer/indemnity matters both pre-suit and in litigation. His record in Florida’s state and federal courts reflects his nuanced understanding and adept navigation of legal intricacies.

At the core of our construction law practice, Adam E. Richards is more than a legal advisor—he’s a dedicated partner invested in your project’s success.

Session I – Pitfalls and Ways to Avoid Them in Commercial Real Estate Contracts and Litigation Considerations/Early ADR | 1:00pm – 2:00pm

• Due diligence and common due diligence tasks
  • Zoning
  • Title
  • Environmental
  • Financing contingencies
  • Appraisal
  • Use of “form contracts”
• Dispute resolutions in contract
  • Attorney’s fees
  • Costs
  • Arbitration
  • Pre-suit mediation
  • Jury v non-jury
  • Governing law
• Litigation considerations (cost, expense, risk tolerance, early ADR)

Break | 2:00pm – 2:10pm

Session II – Construction & Renovation in the Current Florida Market | 2:10pm – 3:10pm

• Best practices for budgeting and scheduling including key discussion points and contract provisions
• Whether at closing, or upon construction completion, keeping free and clear of non-payment or lien claims and critical lien waiver language
• Avoiding disputes, early and efficiently, requires not only a strong contractual foundation, but transparency and communication throughout all phases of the transaction or project