Phelps Wins Breach-of-Contract Dispute for KAST Construction After Nine-Day Trial
TAMPA, Fla.—Oct. 24, 2025—After a nine-day trial, a Trial Resolution Judge appointed by a Florida state court ruled in favor of Phelps’ client, KAST Construction, on all claims in a breach-of-contract dispute involving a luxury high-rise condominium in St. Petersburg, Florida.
Phelps represented KAST Construction, the general contractor of the 42-story One St. Pete Condominium, in a lawsuit with its framing and drywall subcontractor, Titus Construction Group, and Titus’ surety, Berkley Insurance Company, regarding the quality and timeliness of Titus’ work.
The parties agreed to utilize a judge pursuant to Section 44.104, Florida Statutes. The Court ruled that:
- Titus’ deficiencies and delays that ultimately led to Titus’ default were a breach of its subcontract and
- Berkley’s failure to ensure the completion of Titus’ work was a breach of its performance bond.
The Trial Resolution Judge similarly ruled in KAST’s favor by rejecting both defendants’ counterclaims. Read the order.
The Court awarded KAST $1.392 million in damages excluding attorneys’ fees, which will be determined at a post-judgment hearing.
“We are pleased that the court vindicated our client and hopefully has brought this long-running dispute to an end,” said Phelps Partner Seth Schimmel.
The Phelps team was led by Tampa Construction lawyers Seth Schimmel, Bret Feldman and Payton Pope.
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Phelps (phelps.com), an AmLaw 200 law firm, helps clients solve complex challenges with clear, business-oriented solutions. With core service offerings in admiralty, business, health care, insurance, labor and employment, and litigation, we deliver tailored legal counsel across industries and sectors. Our more than 425 lawyers collaborate across 17 offices in Alabama, Florida, Louisiana, Mississippi, North Carolina, Tennessee, Texas and London to serve clients regionally, nationally and globally.