Associated Builders & Contractors, Florida First Coast Chapter
I have been a member of the American Subcontractors Association Attorneys Council since 2018. i served as Chair of the Attorneys Council from October 2022 through June 2024, 2024
American Bar Association, Member Forum, Committee on the Construction Industry
Jacksonville Bar Association
The Florida Bar, Real Property, Probate & Trust Law Section, Construction Law Committee Member
The Florida Bar, 1987
U.S. District Court for the Northern District of Florida
U.S. District Court for the Middle District of Florida
Eleventh Circuit Court of Appeals
Verdicts / Settlements (Case Results):
Oceanfront Resort Owner Represented an oceanfront resort owner against a contractor for the defective installation of concrete roof tiles. Following two days of hearings, the arbitrator determined that the roof was incorrectly installed and the contractor was responsible for $2.18 million in damages. For a link to the arbitrator’s award, click here.
Road Contractor Bid Defended the apparent lowest bid of a road contractor for approximately $12.5 million worth of road construction and repairs. The disappointed second-lowest bidder filed a protest asserting that the calculation of the bids was “incorrectly analyzed” and if analyzed “correctly,” would have resulted in the contract being awarded to them. Following public hearings before a hearing officer and the county commission, our client was awarded the project despite vigorous opposition and significant efforts by the second-lowest bidder to sway votes in its favor through political influence.
Contractor’s DOT Bid Protest Successfully resolved a contractor’s bid protest involving a Department of Transportation environmental services contract brought in the Florida Division of Administrative Hearings.
Healthcare Facility Conflict Resolution Successfully resolved a design professional’s claim related to the design of a fire retardant system in a health care facility, as well as related delay claims brought by the contractor.
State University Conflict Resolution Successfully resolved a state university’s claims against a general contractor, surety and architecture firm for construction and design defects related to design and construction of a building envelope system.
Environmental & Infrastructure Contractor Defense Defended a nationally-recognized environmental and infrastructure contractor in a construction defect claim involving a complicated drainage system installed at an environmental waste disposal site.
Design/Build Contractor Defense Defended a design/build contractor against claims by a hospital that their HVAC system was under-designed. Following a three-week bench trial, the federal court determined that the contractor had in fact provided an adequate and proper design, and had neither breached the contract nor fallen below the standard of care for engineering design. For a link to the final judgment, click here.
JAXPORT Paving Dispute In 2016, BCLG settled a high-profile dispute on behalf of the Jacksonville Port Authority (JAXPORT) over defective pavement design at the Dames Point Marine Terminal, negotiating a $10.25M settlement from a contractor and two engineering firms after nearly two and a half years of litigation. Prior to settlement of the case, the Bachara-led legal team conducted more than 100 days of depositions, analyzed more than 1.2 million documents and prepared 2,300 exhibits for trial. Due to the technical complexity of the subject matter, experts for the case were retained from as far away as the U.K., and the mediator who assisted with the settlement was from San Francisco. As a result of BCLG’s efforts, JAXPORT recovered a significant portion of its damage and avoided the heavy expense of a long and complicated trial. The Bachara Group took over as lead trial counsel for the suit at the request of the City of Jacksonville’s Office of General Counsel in March 2013. For further details, click here., 2016
Complex Construction Dispute Jury Trial In St. Johns County, Florida, a BCLG trial team successfully represented a contractor client in court in a complex construction dispute in 2019. After a three-day trial and three hours of deliberations, the jury returned favorable verdicts on each of the 22 counts presented. Defeating all claims against a contractor and recovering all claims and amounts sought by the contractor against the owner is rare, and our team’s extensive knowledge of construction law and careful attention to the facts, combined with extensive research and jury selection expertise, paid off., 2019
Demolition Bid Protest for Courthouse BCLG successfully represented Environmental Holdings Group (EHG) in a 2018 bid protest hearing regarding a contract for the asbestos and mold abatement, demolition, and implosion of the old Duval County Courthouse and City Hall Annex. EHG’s award for the $8M contract was challenged by the second-lowest bidder, which raised some challenging arguments. Following a lengthy hearing before the panel, we were able to defeat each argument and the panel voted unanimously in favor of our client being awarded the bid., 2018
Special Licenses / Certifications:
Florida Certified General Contractor (status: Inactive), 1983
The Florida Bar, 1987
Florida Bar Board Certified in Construction Law, 2005
Pro bono / Community Service:
St. Johns Cathedral Properties Committee
JaxChamber Trustee
Leadership Jacksonville (Class of 2018)
Honors:
Florida Super Lawyers 2006-2024, SuperLawyers, Thomson Reuters, 2024
In 2020 the Jacksonville Business Journal sought input from the 2016 Ultimate Attorney Award winners to determine which of them were considered the "go to" lawyers among the Ultimate attorneys. I was chosen by my peers for this distinction., Best of the Best Award, Jacksonville Business Journal, 2020
I was nominated by the Florida Bar to serve on the 9-member Judicial Nominating Commission. I was appointed in 2011 by Governor Rick Scott. I served as Chair in 2012 and 2013. I was then reappointed in 2014 by Governor Scott in 2017. I was then reappointed by Governor Ron DeSantis in 2018 and served out my term through 2022., Fourth Circuit Judicial Nominating Commission, The Florida Bar, 2022
Selection of the top 1% of lawyers in their respective areas of practice, determined by peer review, The Best Lawyers in America, Woodward White, 2010
AV Preeminent rated by Martindale-Hubbell every year since 2001, Martindale Hubbell AV Rating, Martindale Hubbell, 2001
Educational Background:
University of Florida, Bachelor of Building Construction, December 1982, 1982
I attended and graduated from Mercer University Law School in 1986., 1986
Harvard University, Program on Negotiation, 2014, 2014