Elizabeth B. Ferguson


Elizabeth Ferguson is a member of the firm's Professional Liability Department.  Her practice focuses on the defense of  owners, contractors, material suppliers, developers, and design professionals (architects, engineers and surveyors) against claims of liability, breach of contract, construction defect, design defect, delay, liens/bonds, insurance coverage issues, and licensure issues.  She also provides transactional support for her construction clients, including contract drafting and review.  Elizabeth has been Board Certified in Construction Law by The Florida Bar since 2009 and is AV rated by Martindale-Hubbell. She serves on the Florida Board of Professional Engineers, appointed by Gov. Rick Scott. 

Elizabeth is a Construction Panel Arbitrator for the American Arbitration Association, has served as a professor of construction law, and is a frequent speaker on legal and construction industry issues. In 2019, she was selected as an "Ultimate Attorney" in the area of construction law by the Jacksonville Business Journal. As a Florida Board Certified expert in construction law, her typical matters include  residential, commercial and roadway construction matters, from pre-suit through trial and arbitration.  She also defends clients before professional licensing boards related to disciplinary and licensure issues.

Significant Representative Matters

Defense of construction, engineering and inspection sub-consultant on an FDOT project with a value over $111 million, involving claims brought by contractor for professional negligence and breach of duty.

Defense of large southeast residential developer and home builder against claims by individual owners for construction defect, including improperly installed stucco, windows and roofing systems. Represented same builder in over 100 suits against the original subcontractors to recover costs incurred by the builder for remediation and repair of the homes.

Defense of construction, engineering and inspection contractor from claims of insufficient maintenance of traffic in a roadway construction zone, case involved the death of two eighteen year olds.

Defense of subcontractor against multi-million dollar construction defect and unfair trade practices claims by general contractor and owner. Case involved construction of multiple buildings, water intrusion and mold claims.

Defense of nation-wide residential developer and home builder in a multi-million dollar construction defects and mold claim brought by individual owners seeking class certification of over 350 homes.

Representative Cases

Welcome v. Arvida, 903 So. 2d 942 (Fla. 1st DCA 2005)

Published Works

"Big Impact on Duty to Defend Florida Construction Cases," Defense Digest, Vol. 24, No. 1, March 2018

Case Law Alerts, contributor, April 2018-present

Legal Updates for Construction Litigation, June 2017-present

Classes/Seminars Taught

The Impact of Altman on Defense and Indemnity Obligations in Florida, CLM Webinar, September 2018

U.S. District Court Middle District of Florida
Indiana University School of Law (J.D., 2002)
The College of Wooste (B.A., 1999)
Honors & awards
Florida Trend Magazine, Legal Elite, Construction Law, 2014, 2018, 2020
Florida Trend Magazine, Up and Comer, 2008, 2010-2013
Florida Super Lawyers Rising Star-Construction Litigation
Florida Super Lawyers
Ultimate Attorney, Jacksonville Business Journal
Associations & memberships
American Arbitration Association
American Bar Association, Forum on the Construction Industry, 2009 – Present
Associated Builders and Contractors
Chester Bedell Inn of Court
Florida Association of Women Lawyers
The Florida Bar, Board Certified in Construction Law, 2009- Present
The Florida Bar, Grievance Committee 4A, Vice-Chair, 2017
Florida Bar Association Construction Law Committee: 2005-Present; Construction Law Certification Review Course Steering Committee: Co-Vice Chair, 2017-Present; RPPTL Section Executive Council: 2017-Present
Florida Board of Professional Engineers, Board Member
Jacksonville Association of Women Lawyers
Jacksonville Bar Association, President; Board of Governors: 2012-Present; Construction Law Section: 2011-Present
Phi Delta Phi, Wilkie Inn
Year joined