Andrew J. Foti

Andrew focuses his practice in all aspects of construction law and commercial litigation. He has experience in advising and counseling contractors regarding contract formation, administration and performance, breaches, defaults, delays, terminations, claims evaluation, lien and bond claims, and litigation strategy. Andrew represents contractors in federal and state courts, as well as before administrative agencies. Prior to returning to Florida, Andrew worked for two prominent litigation law firms in Washington, D.C., and clerked for judges on the District of Columbia Court of Appeals and Superior Court of the District of Columbia.

Areas of Practice

• Construction Law
• Complex Commercial Litigation
• Government Contracts

Representative Recent Experience

• Negotiated contracts on behalf of contractors or owners relating to hotels, commercial build-outs, apartment complex clubhuse, and custom homes.
• Acted as project counsel on a commercial floating deck build.
• Represented constructor/owner/operator of renewable energy plant against a $26,000,000 claim asserted by supplier.  Successfully resolved by settlement.
• Represented sewer line and storm drainage subcontractor in breach of contract action against owner/general contractor on condominium project.  Prevailed on summary judgment.
• Represented surety for concrete subcontractor in connection with structural concrete and masonry work performed on a hotel project.   Successfully resolved by settlement.
• Represented remediation services provider against insurance company and owner for failure to pay for work performed.  Successfully resolved by settlement.
• Represented commercial landlord in $385,000 rent dispute case with tenant.  Obtained judgment for full amount.
• Represented client before GSA’s Suspension and Debarment Official.  Successfully resolved the matter with no action taken against client by GSA.

Bar Admissions

• • Florida
  • District of Columbia
  • Virginia
  • U.S. District Court, Southern District of Florida
  • U.S. District Court, District of the District of Columbia
  • U.S. District Court, Eastern District of Virginia; U.S. District Court, Western District of Virginia
  • U.S. Court of Federal Claims

Education

• American University, Washington College of Law, 2005, J.D., cum laude
• University of Miami, 2002, B.B.A., Business Law and Finance, magna cum laude

Awards & Recognition

• 2018 Finalist for South Florida Business and Wealth Up & Comer Award
• 2013 Charles J. Delaney Memorial Award from National Contract Management Association for best article of the year

Published Works

• Seminar Presenter, Navigating the Use of Economic Loss Rule in Construction Litigation: Practical Tips and Strategies, The Knowledge Group, LLC (February 2020)
• Author, Forget Exercising Your Service Contract Options, the Government Wants to Extend Your Contract at Last Year’s Rates and for a Shorter Time Period, Contract Management Magazine (December 2013)
• Co-Author, New SBA Contracting Regulations Expand Small Businesses’ Opportunities, Nixon Peabody LLP Alert (November 27, 2013)
• Seminar Presenter, Identifying and Bidding on Federal Construction Projects, HalfMoon, LLC (January 2012)
• Author, Competitive Strategies Unveiled: Executive Compensation Disclosure and Construction Contracts, The Construction Institute Zone (Fall 2009)
• Author, Contingency Fees Agreement: Remedying the Enormous Tax Burden of the AMT to Clients, 1 Bus. L. Brief (Am. U.) 27 (Spring 2004)
• Co-Author, Consumer Bankruptcy Reform and 11 U.S.C. §707 (b): A Case-Based Analysis, 12 B.U. Pub. Int. L. J. 317 (Spring/Summer 2003)

Professional Associations and Memberships

• Fellow of the Construction Lawyers Society of America
• Member of the Construction Association of South Florida
• Member of the American Bar Association (ABA) Public Contract Law and Litigation Sections
• Member of the Florida Bar Construction Law Committee of the Real Property, Probate & Trust Law Section
• Former Vice-Chair of the ABA Contract Claims and Dispute Resolution Committee
• Former Vice-Chair of the ABA Debarment and Suspension Committee