Florida Bar Board Certified in Construction Law, Clayton Osteen has extensive experience representing clients throughout the construction industry with issues relating to defects, financial matters, employment and citations by OSHA.
Clayton Osteen, Florida Bar Board Certified in Construction Law, primarily focuses his practice in the areas of construction law, state and federal administrative law, licensing, and business litigation. He has extensive experience representing clients throughout the construction industry relating to construction defects, lien claims, bond claims, delay claims, payment disputes, licensing issues, workers’ compensation issues, and citations issued by the Occupational Safety and Health Administration.
Prior to becoming an attorney, Clayton worked for his family’s construction business and labored as an underground technician and supervisor installing underground utilities.
Construction Law
- Represented multiple condominium associations in class action for construction defects, design defects and building code violations with damages ranging from $6,000,000 to over $10,000,000.
- Represented national general contractor in a payment dispute involving payment bond claim and delay claim with damages in excess of $2,000,000.
- Represented a national commercial painting contractor on a bridge restoration project against the Florida Department of Transportation with damages in excess of $2,000,000.
- Successfully represented an underground utility and excavation contractor on a large hydrologic restoration project against a local government, and negotiated a settlement in excess of $475,000.
- Successfully represented a homeowner in defeating a $211,000 lien claim filed by a national manufactured homebuilder.
- Obtained settlement in excess of $200,000 for homeowner in lawsuit for construction defects, design defects and building code violations.
- Successfully represented a roofing contractor on a roof replacement project involving multiple apartment buildings against the project owner, obtaining a final judgment of foreclosure in excess of $300,000.
- Represented and defended a national roofing contractor before the U.S. Civilian Board of Contract Appeals involving defect claims made by the U.S. Bureau of Prisons.
- Obtained favorable settlement in a corporate dispute for minority shareholder of a construction equipment company.
- Represented clients on a range of construction issues, including, but not limited to, breach of contract claims, construction defect claims, lien claims, payment and performance bond claims, change order disputes, differing site conditions, cardinal change claims, delay claims, liquidated damages claims, suspension and termination claims, warranty claims, insurance coverage interpretations and disputes, and bid protests.
Administrative Law and Licensing
- Successfully prosecuted Commercial Pool/Spa Contractor for performing electrical services, which involved formal administrative proceedings conducted before the Division of Administrative Hearings and involved six (6) expert witnesses. The result of the case changed regulations in the pool industry.
- Successfully represented a national roofing contractor in a bid protest before the U.S. Government Accountability Office and U.S. Court of Federal Claims.
- Represented multiple contractors on workers' compensation violations and penalty assessments issued by the Department of Financial Services, Division of Workers' Compensation.
- Represented and defended several general contractors and subcontractors regarding violations and citations issued by the Occupational Safety and Health Administration.
- Represented and assisted a multitude of contractors in all aspects of obtaining initial licensure, securing additional business entities and defending contractors and design professionals in administrative proceedings for discipline on licenses.
Corporate Formation & Transactions
- Negotiated and revised construction contract for underground utility contractor for power delivery and installation services involving a national utility company.
- Drafted and negotiated numerous construction contracts for owners, general contractors, subcontractors, and engineers on commercial and residential construction projects
- Drafted and reviewed a variety of master trade agreements for general contractors and subcontractors.
- Prepared corporate formation documents for a variety of businesses, including construction companies, consulting companies, breweries, distribution companies, and agricultural companies.
- Negotiated and drafted several agreements relating to consulting services in the correctional industry.
Education
- Florida State University, B.S, 2011, Business Management
- Florida State University College of Law, J.D., 2014
Bar Admissions
- State of Florida
- United States Court of Federal Claims
- United States Court of Appeals for the Fifth Circuit
- United States Court of Appeals for the Eleventh Circuit
- United States District Court for the Middle District of Florida
- Ducks Unlimited – Tallahassee Chapter
- Tallahassee Bar Association
- Florida Home Builders Association
- Tallahassee Builders Association
- Florida Bar Board Certified in Construction Law
- Florida Trend Magazine: Legal Elite, 2017
- Florida Super Lawyers: Rising Stars, 2022
- Presenter, Florida Refrigeration and Air Conditioning Contractors Association, Contractor Regulation and Licensing, Feb 2020
- Presenter, Florida Roofing and Sheet Metal Contractors Association, Licensing & MBE/WBE Requirements, July 2020
- Presenter, North Florida Air Conditioning Contractors Association, Legislative Update, October 2020
- OSHA Defense
- Federal Administration Appeals