Brett Divers is the Managing Partner and one of the founding shareholders of the firm. His practice is primarily devoted to complex commercial litigation, including business disputes, construction, fidelity and surety matters, professional liability, and appeals.
Brett’s business litigation experience has involved a variety of business-related disputes. These disputes have dealt with complex construction, surety, fidelity, and construction defect matters, business torts, violations of restrictive covenants and non-compete clauses, whistleblower claims, banking issues, and the dissolution of corporations and partnerships.
Brett also serves as a mediator in select business and construction-related litigation cases.
A lifelong resident of Tampa, Brett is active in several civic, charitable, and social organizations.
Practice Areas
- Alternative Dispute Resolution
- Appellate
- Complex Commercial Litigation
- Construction
- Fidelity
- Suretyship
Admitted to Practice
- All Florida State and Federal Courts
- United States Circuit Court of Appeals for the Eleventh Circuit
Education
- Dartmouth College, A.B., English, 1989
- The University of Florida, College of Law, J.D., 1992, with Honors
Representative Experience
In his construction and surety practice, Brett has represented owners, contractors, subcontractors, architects, engineers and sureties. Brett’s representation has involved garden-variety construction claims as well as contract and commercial surety claims. These claims have dealt with disputes on public and private projects of varying types including apartment and condominium complexes, office buildings, electrical power plants, wastewater treatment plants, subaqueous sewer pipelines, seawall failures, United States Corps of Engineers projects, movie theatres, hospitals, public roadwork and schools. These disputes have involved technical constructability, scheduling, design and payment disputes, and have ranged in size from thousands of dollars to several million dollars. The disputes have been on construction projects located throughout the Southeast, Puerto Rico, the Virgin Islands, and in the Republic of Panama.
Brett has also handled claims against indemnitors to recover losses suffered by the surety, and claims involving allegations of insurer bad faith and unfair claims settlement practices.
Brett has handled a variety of fidelity matters including claims involving employee dishonesty, employee theft and other commercial crime claims, claims against Banker’s Blanket Bonds, and claims against Financial Institution Bonds. In this practice, Brett has been involved in both the investigation and litigation into the validity of the claims as well as litigating policy or bond exclusions and other coverage defenses.
