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Donald Hayden Gibson's Legal Cases (17)

Orlando, FL

Construction and development Lawyer at Orlando, FL

Practice Areas: Construction & Development, Insurance

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Insurance

Large Outdoor Elevated Balcony Collapse

Jan 30, 2018

OUTCOME: Mr. Gibson provided legal and technical advice to assist the Owners in the resolution of their claim.

A large outdoor elevated balcony on a mountain estate home collapsed during efforts to shore the balcony during maintenance operations. The balcony was connected to the back of the hillside home and p ... rovided an important "means of egress" (as defined by the Life Safety Code) via a multistory stairway. Under the Life Safety Code, the balcony was a "landing", and was an integral part of the home for the purposes of determining coverage under the Owners' homeowner's insurance policy. The insurance carrier filed a declaratory judgment action as part of its efforts to deny coverage for the collapse loss.

Construction and development

Greystone South Hotel (South Beach Miami) v Nato Emilio, et al.

Dec 20, 2015

OUTCOME: Summary Judgment

Greystone South Hotel was leased and being developed as "back of house" "dormitory" / temporary apartments for the staff of the then newly built Setai Hotel on South Beach Miami. Setai retained a gene ... ral contractor, Meridian, to refurbish the old "Art Deco"-era hotel that had, for years, fallen into disrepair. During the renovation project, Greystone and Meridian had a significant dispute over the re-installation of an elevator in the three story hotel, primarily due to ADA issues. Greystone then filed suit against Meridian for CD issues and delay / consequntial damages (allegedly, amounting to very high seven figures). On the eve of Trial, Mr. Gibson was successful in defending all claims against Meridian via Summary Judgment.

Construction and development

PJ's Land Clearing & Excavating, Inc. v. Melbourne Airport Authority

Feb 26, 2010

OUTCOME: Jury Trial - Verdict in favor of Defendant

Project involved the improvement of the Runway Safety Areas for Runway 9R-27L at Melbourne International Airport, one of the longest runways in the Southeast. Plainitff Contractor sued Airport Client ... for contract balance, and claims for impact, increased costs, changed conditions and alleged defects in the design documents. Case was tried before a jury in State Court. Jury rendered a verdict in favor of Client Airport.

Construction and development

Orlando Amway Arena

Feb 01, 2010

OUTCOME: Very Favorable Settlement for the Client

Payment / change order dispute (Pro Bono) involving an MBE (Black / Hispanic), DBE, and Woman-owned Business against a Major Subcontractor on the construction of the Arena. Mr. Gibson, after years of ... a tough fight for his Client, was able to secure a very favorable settlement for the Client.

Construction and development

WFLA TV Station

Jan 07, 2008

OUTCOME: Jury Trial - Defense Verdict in favor of Client

Case involving alleged extensive mold, mildew and water intrusion problems resulting from cracks in the poured-in-place reinforced concrete exterior wall systems of the five-story building. These issu ... es resulted in the partial evacuation of the project, the coating of the exterior wall systems with a reinforced coating system, as well as the replacement of some of the interior finishes, including drywall, carpeting, and ceiling components. Original building cost: $30 million. Remediation costs (including attorney’s fees and costs): $7 million. Mr. Gibson successfully defended the only entities involved in the design and construction process (the architect and structural engineer) that did not suffer a defeat to Owner. The case was tried before a jury in Federal Court. The jury awarded the architect client a defense verdict.

Construction and development

City of Kissimmee – U.S 192 Widening

Nov 01, 2007

OUTCOME: Summary Judgement in favor of Client

Multi-party delay case involving the widening of U.S. 192 in Kissimmee, Florida, a Florida Department of Transportation (FDOT) Project. General contractor claimed over $25 Million in delay-related dam ... ages allegedly arising from unforeseen subsurface conditions, erroneous subsurface utility surveys, design deficiencies, and active interference of the various parties and governmental entities involved in the Project. Mr. Gibson represented the governmental owner and utility client, City of Kissimmee. Mr. Gibson successfully defended all claims against the City. On the eve of Trial, Mr. Gibson was successful in obtaining a summary judgment exonerating the City of any fault for the General Contractor’s alleged delay damages.

Construction and development

Lincoln Elementary School, Broward County, Florida

Jul 01, 2003

OUTCOME: Settled - De Minimus Amount

Multi-party delay case involving the construction of Lincoln Elementary School in Broward County, Florida. General contractor claimed over $12 Million in delay-related damages allegedly arising from d ... esign deficiencies, and active interference of the various parties and governmental involved in the Project. The majority of the general contractor’s claims involved alleged design deficiencies in tilt-wall exterior wall panels for the multi-story buildings, and the MEP systems therein. Mr. Gibson represented the MEP engineer. Mr. Gibson successfully defended all claims against the MEP engineer, with the MEP engineer paying only a de minimus settlement amount at mediation.

Construction and development

Elevator Death Case

Nov 01, 2002

OUTCOME: Summary Judgment in favor of Architect

Wrongful death action involving the decapitation of a six year old boy in the elevator of a three story home in Santa Rosa Beach (Pensacola), Florida. Plaintiff parents alleged that design, manufactu ... ring and construction deficiencies in the elevator safety/control systems, as well as the elevator cab, shaft and exterior (building) doorways, produced a “trap” for persons using the elevator, and were significant violations of both the Life Safety Code and Elevator Safety Code. Unlicensed (in Florida) Texas architect client (who had no MEP engineering consultants) was alleged to have wrongfully approved the elevator-related shop drawings and submittals, and to have designed an elevator shaft and exterior (building) doorways that were, in part, the cause of the accident. The case has been reported to be the largest recovery in a child wrongful death case in the history of the State of Florida. Mr. Gibson successfully defended all claims against the architect client. Mr. Gibson was successful in obtaining a summary judgment exonerating the architect client of any fault for the wrongful death of the six year old boy.

Construction and development

Harbor House Luxury Apartment Tower

Aug 01, 2002

OUTCOME: Case Dismissed

Nationally known mold and IAQ case involving alleged inadequate outdoor air ventilation, and extensive mold, mildew and water intrusion problems that resulted in the complete evacuation of the building ... . There were numerous lawsuits filed as a result of these issues. One of the lawsuits was the first mold class action lawsuit certified in the United States. The commercial and personal injury claims were alleged to be over $1 billion. After the project was evacuated, the project underwent a remediation of the exterior wall systems; the removal, replacement, and upgrade of the HVAC and electrical systems; the replacement of many of the interior finishes, including drywall, carpeting, and ceiling components; and the remediation of the IAQ and mold issues. The mechanical engineering client was alleged to have improperly designed the HVAC systems. Mr. Gibson successfully defended the mechanical engineering client

Construction and development

Morton Plant Hospital, Clearwater, Florida

May 03, 1999

OUTCOME: Case Dismissed

Multi-party delay case involving the construction of new campus-wide domestic, hot water, gas and steam piping systems and tunnels for Morton Plant Hospital in Clearwater, Florida. The total of all p ... arties’ claims were over $20 Million in defect and delay-related damages allegedly arising from design and construction deficiencies, and active interference of the various parties and governmental entities involved in the Project. The majority of the claims arose from the total failure of the insulated steam piping system. Mr. Gibson represented the MEP engineer. Mr. Gibson successfully defended all claims against the MEP engineer, including a dismissal of all subrogation claims asserted against the MEP engineer by the builder’s risk insurance carrier.

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