George R. Truitt, Jr.

Practice Areas

Construction

Architects & Engineers

Environmental

Fidelity and Surety Litigation and Counsel

Career

A Board-Certified Specialist in Florida construction law, George R. Truitt, Jr. is the Managing Partner of Cole, Scott & Kissane’s (CSK) Construction Practice Group, which is the largest construction group of any defense firm in the state and dedicated exclusively to the counseling and litigation of construction-related matters.

For the past 26 years, Mr. Truitt has devoted his practice to construction litigation and risk management counseling, including the representation of design professionals in professional liability claims, developers, contractors, and subcontractors in construction defect, contract, inland marine (builder’s risk coverage and litigation) and lien enforcement claims, payment and performance bond sureties in public and private bond and subrogation claims and commercial general liability and professional liability insurers in coverage counseling and litigation.

Mr. Truitt also focuses on environmental bodily injury and property damage claims. His practice includes extensive experience with Chinese drywall sulfurous off-gassing, chlorinated polyvinyl chloride (CPVC) environmental stress cracking from incompatibility with ABF II cutting agents, mold, mildew, fungi, bacteria, radon, carbon monoxide poisoning, and Legionnaire’s disease claims.

Mr. Truitt is a founding member of the Claims & Litigation Management Alliance (CLM) National Construction Claims Advisory Board and lectures on various construction law topics, including risk management for design professionals and developers. He has presented to most major professional liability commercial general liability insurers and construction sureties on topics ranging from “Core Concepts in Construction Defect Litigation” to “Risk Management for Architects” and “Getting to Yes – Mutually Agreeable Counsel Under a Reservation of Rights.”

Mr. Truitt has served as an arbitrator in commercial and construction disputes before the American Arbitration Association. He is approved by The Florida Bar to provide Continuing Legal Education to attorneys and Continuing Education to insurance claims professionals in various construction law topics.

Professional Memberships

• The Florida Bar

• Real Property, Probate and Trust Law Section of The Florida Bar

• Construction Association of South Florida

• Latin Builders Association

• Professional Liability Attorneys Network (PLAN)

• American Institute of Architects

• Miami-Dade Bar

Publications

PUBLISHED OPINIONS AND OPINIONS AS TRIAL COUNSEL

Dickerson Florida, Inc. vs. Taylor Engineering, Inc., - defense verdict and verdict in Engineer’s favor for contract balance affirmed on appeal. Order denying attorney’s fees and costs to client reversed and remanded, 42 Fla. L. Weekly D 1240 (Fla. 1st DCA 2017)

Jesse McIntosh, as Personal Representative of the Estate of James McIntosh, et. al. v. Progressive Design & Engineering, Inc., 166 So. 3d 823 (Fla. 4th DCA 2015), cert. denied 2015 WL 5248584 (upholding defense verdict based on Slavin doctrine);

Randy Gonzalez, et. al. vs. Carlos M. Barranchea, et. al., 170 So. 3d 13 (Fla. 3rd DCA 2015) (appraiser’s testimony on rental value based on flawed assumptions is not too speculative to establish prima facie case for loss of use).

Dan Euser Waterarchitecture, Inc. v. City of Miami Beach, Florida, 112 So. 3d 683 (Fla. 3rd DCA 2013) (reversing order requiring non-resident Canadian corporation to appear for deposition in Florida);

Coral Windows Bahamas, Ltd. vs. Pande Pane, LLC, et. al., 2013 WL 321584 (S.D. Fla. 2013) (order denying summary judgment against defendant as alleged successor).

McDaniels Reserve Realty Holdings, LLC. vs. BSE Consultants, Inc., et al., 39 So. 3d 504 (Fla. 4th DCA 2010) (venue for professional liability claim);

In re Florida Development Associates, Ltd., Slip Op. 2009 WL 393870 (S.D. Fla. Bankr. Feb. 9, 2009) (permissive abstention by bankruptcy court from exercising jurisdiction over construction claim by bankrupt developer)

Expert in these Jurisdictions

Florida

U.S. District Court for the Northern District of Florida

U.S. District Court for the Southern District of Florida

U.S. District Court for the Middle District of Florida

Work Highlights

Casa Clara Condominium Ass’n, Inc. vs. RL James, Inc. General Contractor

Venue: Monroe, Florida.

Case No.: 2011-CA-228M

Client: RL James, Inc. General Contractor – Balcony replacement and concrete restoration contractor.

Trial Attorneys: George R. Truitt, Jr., Esq. and Dan Levin, Esq.

Result: Defense verdict on seven of eight counts against RL James after bifurcated liability trial. Interim motion for entitlement to attorney fees in favor of contractor was granted by the court, and the matter settled for mutual releases and no monetary exchange.

Jesse McIntosh, as Personal Representative of the Estate of James McIntosh vs. Progressive Design & Engineering, Inc., et al

Venue: Broward County, Florida.

Case No.: 07-025039 (13)

Client: Progessive Design & Engineering, Inc. – Traffic engineer for design of the intersection

Trial Attorneys: George R. Truitt, Jr., Esq. and Greg Willis, Esq.

Result: Defense verdict against a demand of $7,700,000 in this wrongful death case. Upheld on appeal to the Fourth District Court of Appeal. Florida Supreme Court declined to accept jurisdiction.

Randy Gonzalez vs. Carlos Barranchea, et. al.

Venue: Miami-Dade County, Florida.

Case No.: 10-46125 CA 09

Client: Ramon Pacheco & Associates, Inc. – Architect for design of custom home.

Trial Attorneys: George R. Truitt, Jr., Esq. and Daniel Levin, Esq.

Result: Plaintiff’s verdict for actual repair costs of $80,000. Loss of use of $310,000 denied, but reversed on appeal in controversial damages opinion.

Renegade at Hialeah Blvd, LLC. v. Dynatech Engineering, Corp. and Wissam S. Naamani, P.E.

Venue: Miami-Dade County, Florida.

Case No.: 11-11071 CA 23

Client: Dynatech Engineering, Corp. geotechnical engineering and testing during construction.

Trial Attorneys: George R. Truitt, Jr., Esq. and Greg Willis, Esq.

Result: Defense verdict against a demand of $465,000. Recovered $83,000 in fees and costs from Plaintiff.

Dickerson Florida, Inc. v. Taylor Engineering, Inc., et. al.

Venue: Duval County, Florida.

Case No.: 16-2012-CA-010185

Client: Taylor Engineering, Inc. – Coastal and dredging engineer.

Trial Attorneys: George R. Truitt, Jr., Esq. and Daniel Duello, Esq.

Result: Defense verdict against a demand of $3,450,000. Judgment on engineer’s counterclaim for $35,000 for fees owed. Affirmed on appeal.

Education

Awards