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    Bret Feldman Photograph

    Bret M. Feldman

    Partner

    Tampa
    813-472-7879
    bret.feldman@phelps.com
    Areas Of Focus
    LitigationConstruction/Design

    Bret Feldman is a board-certified construction lawyer practicing in the areas of construction and commercial litigation. He specializes in resolving construction disputes for clients through negotiation, litigation, arbitration, or mediation. His clients typically include project developers, engineers, architects, contractors, sub-contractors, material suppliers, property owners, and condominium and homeowners’ associations. In addition to drafting and negotiating construction contracts, he has litigated cases involving claims for breach of contract, breach of warranty, design or construction defects, insurance coverage and defense, negligence and professional negligence, unjust enrichment, construction liens, non-competes and product defect litigation. He regularly appears in Florida’s state and federal courts.

    Bret has served as developers’ counsel in numerous design defect and construction defect claims, many involving the statutory warranty under Chapter 718, Florida Statutes. He has represented design professionals and contractors in construction disputes with owners and has served as counsel for owners and associations in claims against developers, contractors, and designers. He has also defended engineers against claims of negligence and breach of contract for their work on Environmental Site Assessments.

    Bret also leads the firm's litigation team in Tampa.

    Bret has both prosecuted and defended construction lien claims on behalf of contractors, subcontractors, material suppliers, and owners. He regularly assists clients by preparing construction contracts on behalf of both owners and contractors.

    As a construction attorney with a focus on technology, Bret is well-suited to litigate or negotiate construction issues related to the emerging autonomous vehicle and drone industry. He currently sits on the Tampa Chapter board of the Association for Unmanned Vehicle Systems International (AUVSI), where he offers insight on the impacts of autonomous technology on roadway and structure construction, city planning, and the use of drones in the construction insurance industries and related services.

    Bret regularly evaluates insurance agreements to identify potential coverage for construction claims and has been retained by various insurance companies to defend insured parties against design and construction claims brought by third-party claimants. He counsels insurers on coverage in commercial general liability and professional liability policies, and evaluates and litigates insurance liability in construction defect matters.

    Being board-certified, Bret is part of a small group of highly qualified lawyers in Florida. Only about seven percent of lawyers achieve board certification, which is the highest level of evaluation of proficiency and experience given by the Florida Bar. Board-certified lawyers go through a rigorous process to become specialist in their chosen fields, including showing significant involvement in their fields, receiving a passing grade on a required exam, and undergoing a successful peer review of competence, character, ethics and professionalism.

    In the community, Bret is a graduate of Leadership Tampa’s Class of 2014 and a member of Leadership Tampa Alumni. Members of Leadership Tampa are business/professional people who hold leadership positions within their companies or organizations, have demonstrated a concern for community issues, and volunteered their time with service and professional organizations. The selection process is rigorous and competitive for each of the 50-60 seats available in each class. He also serves as an alternate member of Tampa’s Variance Review Board (VRB), which is charged with granting code variances pertaining to zoning, signage, and tree/landscape regulations. Bret serves on the board of directors for the Tampa Museum of Science and Industry (MOSI) and provides legal counsel to the non-profit entity. As part of his service to MOSI, he helped develop the largest children’s science center in the country, MOSI’s “Kids in Charge!”

    Bret has both prosecuted and defended construction lien claims on behalf of contractors, subcontractors, material suppliers, and owners. He regularly assists clients by preparing construction contracts on behalf of both owners and contractors.

    As a construction attorney with a focus on technology, Bret is well-suited to litigate or negotiate construction issues related to the emerging autonomous vehicle and drone industry. He currently sits on the Tampa Chapter board of the Association for Unmanned Vehicle Systems International (AUVSI), where he offers insight on the impacts of autonomous technology on roadway and structure construction, city planning, and the use of drones in the construction insurance industries and related services.

    Bret regularly evaluates insurance agreements to identify potential coverage for construction claims and has been retained by various insurance companies to defend insured parties against design and construction claims brought by third-party claimants. He counsels insurers on coverage in commercial general liability and professional liability policies, and evaluates and litigates insurance liability in construction defect matters.

    Being board-certified, Bret is part of a small group of highly qualified lawyers in Florida. Only about seven percent of lawyers achieve board certification, which is the highest level of evaluation of proficiency and experience given by the Florida Bar. Board-certified lawyers go through a rigorous process to become specialist in their chosen fields, including showing significant involvement in their fields, receiving a passing grade on a required exam, and undergoing a successful peer review of competence, character, ethics and professionalism.

    In the community, Bret is a graduate of Leadership Tampa’s Class of 2014 and a member of Leadership Tampa Alumni. Members of Leadership Tampa are business/professional people who hold leadership positions within their companies or organizations, have demonstrated a concern for community issues, and volunteered their time with service and professional organizations. The selection process is rigorous and competitive for each of the 50-60 seats available in each class. He also serves as an alternate member of Tampa’s Variance Review Board (VRB), which is charged with granting code variances pertaining to zoning, signage, and tree/landscape regulations. Bret serves on the board of directors for the Tampa Museum of Science and Industry (MOSI) and provides legal counsel to the non-profit entity. As part of his service to MOSI, he helped develop the largest children’s science center in the country, MOSI’s “Kids in Charge!”

    Experience

    • Florida counsel for international condominium conversion developer defending against statutory warranty, construction defect, design defect, and various tort claims brought by condominium associations.
    • Lead counsel for architect of $40 million assisted living facility in Virginia defending design defect claims in arbitration and mediation.
    • Lead counsel for various condominium and homeowners’ associations pursuing design and construction defect litigation against national developers.
    • Lead counsel for environmental consultant defending breach of contract and professional negligence claims involving Environmental Site Assessments.

    Insights

    • August 15, 2024

      185 Phelps Lawyers Chosen for Best Lawyers in America, 20 Named "Lawyer of the Year," 26 Added to “Ones to Watch” List…

    • June 24, 2024

      Super Lawyers Recognizes 13 Phelps Florida Lawyers on 2024 Lists…

    More +
    • June 6, 2024

      Chambers USA Guide 2024 Ranks 24 Phelps Practice Areas and 69 Lawyers…

    • August 17, 2023

      Best Lawyers in America Selects 208 Phelps Lawyers, Names 12 "Lawyer of the Year," Adds 47 to "Ones to Watch" List…

    • August 15, 2023

      MOSI, Tampa Boys & Girls Clubs Team Up to Offer Summer STEAM Fun…

    • June 26, 2023

      14 Phelps Lawyers Named to 2023 Florida Super Lawyers Lists…

    • June 1, 2023

      Chambers USA 2023 Ranks 20 Phelps Practice Areas and 60 Lawyers…

    • August 18, 2022

      Best Lawyers in America Selects 158 Phelps Lawyers, Names 10 "Lawyer of the Year," Adds 40 to "Ones to Watch" List…

    • June 28, 2022

      Five Phelps Lawyers Honored as Florida Trend’s 2022 Florida Legal Elite…

    • June 24, 2022

      Florida’s 2022 Super Lawyers and Rising Stars Recognizes 17 Phelps Attorneys …

    • June 1, 2022

      Chambers USA 2022 Ranks 19 Phelps Practice Areas and 56 Lawyers…

    • June 28, 2021

      Seven Phelps Lawyers Make 2021 Florida Legal Elite, John Phillips Joins Hall of Fame…

    • June 24, 2021

      16 Phelps Attorneys Make Florida’s 2021 Super Lawyers and Rising Stars Lists…

    • May 20, 2021

      Chambers USA 2021 Ranks 18 Phelps Practice Areas and 52 Lawyers…

    Recognition

    • Chambers USA: America’s Leading Lawyers for Business - Construction
    • Construction Law (2020-2025), Litigation - Construction (2018-2025), The Best Lawyers in America
    • Florida Super Lawyers list (2013-2024), Rising Stars list, Super Lawyers (2010-2012)
    • Legal Elite, Florida Trend (2007, 2010-2022)
    • Chambers USA: America’s Leading Lawyers for Business - Construction
    • Construction Law (2020-2025), Litigation - Construction (2018-2025), The Best Lawyers in America
    • Florida Super Lawyers list (2013-2024), Rising Stars list, Super Lawyers (2010-2012)
    • Legal Elite, Florida Trend (2007, 2010-2022)

    Education

    • University of Florida, Levin College of Law, J.D., with honors, 2000
    • University of Florida, M.A., Journalism, with honors, 2000
    • University of Florida, B.A., Journalism, with honors, 1996
    • University of Florida, Levin College of Law, J.D., with honors, 2000
    • University of Florida, M.A., Journalism, with honors, 2000
    • University of Florida, B.A., Journalism, with honors, 1996

    Credentials

    • Florida
    • U.S. District Court, Middle District of Florida
    • Florida
    • U.S. District Court, Middle District of Florida

    Memberships and Affiliations

    Professional

      • American Bar Association, Construction Law &Trial Lawyer Sections
      • The Florida Bar, Board Certified in Construction Law by the Florida Bar, Board of Legal Specialization
      • Hillsborough County Bar Association
      • Association for Unmanned Vehicle Systems International (AUVSI), Tampa Chapter of the Florida Peninsula Chapter - Board Member

    Civic

      • Museum of Science and Industry (MOSI), Board of Directors - Chair (2019-present) 
      • City Council of the City of Tampa, Variance Review Board - Board Member appointed by the City Council
      • Leadership Tampa - Class of 2014
      • Leadership Tampa Alumni

    Professional

      • American Bar Association, Construction Law &Trial Lawyer Sections
      • The Florida Bar, Board Certified in Construction Law by the Florida Bar, Board of Legal Specialization
      • Hillsborough County Bar Association
      • Association for Unmanned Vehicle Systems International (AUVSI), Tampa Chapter of the Florida Peninsula Chapter - Board Member

    Civic

      • Museum of Science and Industry (MOSI), Board of Directors - Chair (2019-present) 
      • City Council of the City of Tampa, Variance Review Board - Board Member appointed by the City Council
      • Leadership Tampa - Class of 2014
      • Leadership Tampa Alumni
    • Overview
    • Experience
    • Insights
    • Recognition
    • Education
    • Credentials
    • Memberships and Affiliations

    Related Services

    • Litigation
    • Construction/Design
    • Real Estate and Construction
    • Artificial Intelligence (AI)
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