Larry R. Leiby, Esq.

T: 305-371-5267
F:305-371-5288

Locations

Available to hear cases nationwide, the Caribbean, and Central and South America
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Larry R. Leiby, Esq. has served as a mediator, arbitrator, special master and insurance valuation umpire. From 1973 to 2010, he served as a trial advocate in commercial and construction disputes (pre-litigation negotiation, mediation, litigation, and arbitration). Mr. Leiby has drafted construction contracts for local governments, developers, contractors, subcontractors, owners, and suppliers.

Mr. Leiby founded and was the first chair of the Construction Law Committee of the Florida Bar Real Property Section from 1976 to 1994. He was one of nine members of the original Florida Bar Construction Law Certification Committee appointed in 2004, and he was in the first class of the Florida Bar Board Certified Construction Lawyers in 2005.

ADR Experience and Qualifications

  • Larry Leiby has handled a variety of projects involving the following: 
    • Adult congregate living facilities
    • Airports
    • Commercial shopping centers 
    • Docks
    • High-rise and low-rise condominium projects and office buildings
    • Hospitals, hotels, and casinos
    • Public schools and private schools 
    • Residence disputes of all sizes
    • Residential subdivisions
    • Roads and bridges
    • Rock quarry 
  • Florida Supreme Court Certified Florida Circuit Court Civil Mediator
  • Internationally Certified Mediator by the International Mediation Institute (IMI)
  • Became certified as a mediator in 1996 and has shifted practice from litigation to ADR and teaching construction law at the Florida International University College of Law
  • Trained by Dispute Review Board Foundation to be Dispute Review Board member or chair

Representative Matters

  • Mediations involving multi-party commercial disputes, sexual harassment claims, construction claims for architectural fees, construction defects, design defects, construction pricing, construction liens, payment and performance bond claims and defenses, delay claims, and claims amongst joint venture partners with respect to competing claims.
  • Arbitrations involving construction disputes, including sitting as arbitration chair
  • Mediations involving business ownership claims between business owners
  • Mediation involving sexual harassment
  • Mediations involving claims of architectural fees
  • Mediations and arbitrations involving commercial business
  • Mediations and arbitrations addressing construction defects 
  • Mediations and arbitrations addressing design defects
  • Mediations and arbitrations addressing pricing
  • Arbitration addressing the Interstate Land Sales Act in Alabama
  • Mediations and arbitrations addressing construction liens
  • Mediations and arbitrations involving payment bond claims and defense
  • Mediations and arbitrations involving performance bond claims and defense
  • Arbitration (chair) of dispute about construction of a rock quarry in Pennsylvania
  • Mediations addressing competing claims of condominium owners
  • Mediations and arbitrations involving delay claims
  • Mediations among partners in ventures with respect to competing claims
  • Mini trial on dispute between owner and contractor on office project
  • Served in several cases as a property insurance evaluation umpire

Honors, Memberships, and Professional Activities

  • Honors
    • Lifetime Achievement Award, Florida Bar Construction Law Committee, 2008
    • Excellence in Construction Education Award, Florida Institute of Technology Construction Industry Advisory Board, 2005
    • Leonard A. Weiss Legislative Achievement Award, American Subcontractors Association, 1988
    • Recognized for the following distinctions in construction law by peer review:
      • Martindale-Hubbell Register of Preeminent Attorneys
      • Woodard/White’s Best Lawyers in America
      • Chambers USA America’s Leading Business Lawyers 
      • List of Top Lawyers in South Florida, South Florida Legal Guide
      • AVVO “10” rating, International Who’s Who of Construction Lawyers
  • Memberships
    • Fellow, College of Commercial Arbitrators
    • Member: Association for Conflict Resolution; International Institute for Conflict Prevention and Resolution; Florida Bar Construction Law Committee and Alternate Dispute Resolution Section; ABA Forum Committee on the Construction Industry and Alternate Dispute Resolution Section; Dispute Review Board Foundation; Broward County Construction Law Committee and ADR Committee (former chair); Miami International Arbitration Society; Construction Dispute Resolution Service
  • Writing and Teaching
    • "Construction Dispute Resolution - A Comparison of Rules and Fees from U.S. Arbitration Organizations", Florida Bar Journal, February, 2014
    • "The Subcontract Contingent Payment Clause: How Does it Affect the Construction Industry?" Florida Bar Journal, February 2013
    • "Class Arbitrations Under Attack - But Survive", Journal of the American College of Construction Lawyers, Winter 2013
    • "Professional Liability Policies 101”, Construction Today, August 2012
    • “DRB’S Offer a Proactive Approach to Dispute Avoidance/Resolution,” Engineering News Record, September 2012
    • JAMS and Broward County Bar Assn. sponsored seminar: “How to Effectively Represent Your Client in Mediation,” Ft. Lauderdale, FL, October 5, 2012
    • “Construction Law Update” presentation for University of Miami Law School Ralph E. Boyer Real Property Institute, Coral Gables, FL, October 24, 2012
    • The Florida Construction Law Manual, originally published by Shepards/McGraw-Hill (1981), now published annually by Thomson-Reuters (West Group), which text is also on-line as a part of the Westlaw Florida Practice Series (Volume 8)
    • “When is a ‘Final Construction Lien Release’ Really Final?” Florida Bar Journal, January 2012
    • “Dispute Review Boards,” with co-presenter Deborah Mastin for the Florida Construction Law Committee, January 2012
    • “How to Draft Effective ADR Clauses,” Presentation with Christi Underwood for Florida Bar Construction Law Institute, Orlando, FL, March 2011
    • "The Interaction between Arbitration & Construction Lien Enforcement", AAA Dispute Resolution Journal, Volume 66, Number 2, May-July 2011
    • “How to Comply with Chapter 558 Florida Statutes: Current Challenges and Future Changes,” Florida Bar Journal, February 2009 with co-author Steven B. Lesser
    • Adjunct professor, teaching construction law, Florida International University College of Law, since 2009
    • The chapters on construction contracts, construction liens, and payment bonds in The Contractor’s Manual (2003 and updated) published by Associated Builders and Contractors, which is a listed text for Florida state construction industry licensing examinations 
    • “Contractual Indemnity in Construction for Your Own Negligence – What Year Is It?” Florida Bar Journal, July/August 2003
    • Taught and lectured on construction law topics for the ABA Forum Committee on Construction, the AAA, the Florida Bar, local bar associations, and several national, state, and local construction industry trade associations
    • Former member, arbitrator-training faculty of the American Arbitration Association teaching Construction Arbitration I (basic construction arbitration) and Construction Arbitration II (advanced case management techniques), 1996-1999

Background and Education

  • Mediator and Arbitrator, JAMS, 2012-present
  • Of counsel to Malka & Kravitz, P.A., 2010-2012 
  • Admitted to the Florida State Courts, United States Supreme Court, Federal Eleventh Circuit Court of Appeals, and U.S. Southern and Middle District Courts of Florida
  • J.D., University of Miami School of Law, 1973