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Lindsay G. McCormick

Office Managing Attorney

Portrait of Lindsay G. McCormick

Lindsay is a Florida Bar Board Certified Construction attorney and the Managing Attorney of our Tampa office. As a member of our firm's Professional Liability Department, the focus of her practice is construction defect litigation, architect and engineer defense and general professional liability defense. In this role, Lindsay provides counsel to general contractors, subcontractors, manufacturers, suppliers, architects and engineers in claims brought against them in a variety of construction projects and disputes, both individually and through insurance carriers. 

Additionally, Lindsay is well-versed in the practice of pursuing affirmative claims against subcontractors and sub-subcontractors when appropriate, including pursuing tenders and additional insured obligations. Further, Lindsay assists clients through pre-suit investigations, mediations and arbitrations when appropriate. Lindsay is also experienced in handling condominium association claims, and directors' and officers' claims for real estate agents, brokers and appraisers.

In addition, Lindsay is also a former member of the firm's Executive Committee Advisory Council, a distinguished group of firm leaders whose purpose is to enhance the communication between the Executive Committee and younger members of the firm's professional ranks, including associates, special counsel and junior shareholders. 

Outside of her law practice, Lindsay is an active participant in various programs with local pet rescue groups in the Tampa Bay Area, where she works with animal rescues and serves as a foster caretaker for rescued dogs in transition, until they find adoptive homes.

    • Florida State University College of Law (J.D., cum laude, 2010)
    • Florida Gulf Coast University (B.A., magna cum laude, 2007)
    • Florida, 2010
    • U.S. District Court Middle District of Florida, 2011
    • The Best Lawyers in America®, Litigation - Construction (2023-2026)
    • Florida Super Lawyers Rising Star (2014-2020)
    • Case Law Alerts, contributor, 2018
    • "Construction Defect Claims and the Role of the Insurer in Early Proceedings,"Insurance Journal - Focus on Florida, November 21, 2016
    •  “Chapter 558 Notice and the Duty to Defend ,” Defense Digest, Vol. 21, No. 3, September 2015
    • "Use of Case Management Orders in Construction Litigation," Lawyer magazine, publication of the Hillsborough County Bar Association, February 2015
    • Represented a shell contractor in a large condominium project litigation that spanned more than 6 years. The representation included both defending claims asserted by the Condo Association, as well as the general contractor, and actively pursuing claims against more than a dozen sub-subcontractors. Through the use of detailed analysis, effective defenses, active tendering and additional insured tenders, and settlement negotiations with numerous parties, was able to obtain a valuable resolution in advance of what would have been a 3-month trial. 
    • Represented framing contractor in binding arbitration initiated by a general contractor for both direct and consequential damages resulting from the construction of a multi-family building.  Carried representation through issuance of Interim Award by the arbitration panel containing a favorable ruling for the client, which included a finding of waiver of all alleged consequential damages.  The award spurred a reasonable settlement which the general contractor previously was not willing to consider.
    • Obtained a defense verdict at trial for an engineering client related to claims surrounding an alleged failed sinkhole repair.  Claims included professional negligence for the design of the repair, as well as claims of fraud and negligent misrepresentation. 
    • Defended subcontractors and material suppliers in numerous cases for both direct and third-party claims relating to alleged construction defects and including both contractual and statutory warranty claims.
    • Defended design professionals in both direct and third-party claims relating to allegations of design deficiencies, and/or failure to properly perform supervisory duties.
    • Board Certified, Construction Law, The Florida Bar, 2024

Thought Leadership

Case Law Alerts

Florida Courts Reaffirm Damages Must Be Calculated as of Date of Breach in Construction Defect Cases

October 1, 2025

It has been well-settled in Florida that the proper measure of damages for a breach of contract claim is calculated as of the date of the breach. In terms of a construction defect claim, it is the date the construction defect occurred. Yet, we routinely see plaintiffs including significant markups for recent market trends. There are two recent Florida cases reiterating this standard and the consequences of failing to present proper evidence in compliance with this standard. In Bandklayder Dev., LLC v. Saba, the plaintiff claimed construction defects within a newly constructed single-family home. At trial, the plaintiff presented damages calculations from their expert as of the date of their expert’s 2022 report. The expert presented testimony that damages totaled $323,000 as of the date of his report, and that construction costs had increased by 35% as of the May 2023 trial. The plaintiff was awarded $425,000; however, this was reversed on appeal. The Florida Third District Court of Appeals highlighted that the proper measure of damages was the date of the breach, which was 2018, and that “fluctuations in value after the breach do not affect the non-breaching party’s recovery.” Because the plaintiff had failed to present damages as of the date of the claimed breach and because that failure was of their own doing, not of judicial error, the entire verdict was reversed, and the case was remanded with directions to enter judgment for the defendant. Similarly, in Vuletic Group, LLC v. Malkin, a contractor performed work at the homeowners’ property in 2018, which lead to claims of construction defects. At a 2023 bench trial, the homeowners presented evidence of damages from pricing in September 2022. Based thereon, they were awarded almost $500,000. However, again, on appeal this award was reversed. The Appellate Court cited the Florida Supreme Court in holding that: “Damages for a breach of contract should be measured as of the date of the breach. Fluctuations in value after the breach do not affect the non-breaching party’s recovery.” Grossman Holdings Ltd. v. Hourihan, 414 So. 2d 1037, 1040 (Fla. 1982). Yet again, the homeowners failed to present any evidence of the damages as of the date of the claimed breach of contract and, instead, relied on damages calculated years after the breach. Therefore, the homeowners did not meet their burden of proof for their claim, and the case was remanded for entry of judgment in favor of the contractor.    Case Law Alerts, 4th Quarter, October 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2025 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Case Law Alerts

General Contract May Be Entitled to Award of Attorneys’ Fees Against Subcontractor, Despite Jury’s Apportionment of Damages

April 1, 2025

For construction defect litigation, many times we are called into action to defend a subcontractor who has been included as a third party to the primary dispute between an owner and a general contractor. Through the use of third-party complaints, general contractors are consistently including their implicated subcontractors within the primary litigation with the owner in an effort to “pass-through” any determined liability to its subs. An interesting issue that was recently brought up on appeal was whether a general contractor is entitled to an award of attorneys’ fees against its subcontractor based on contractual prevailing party language if the jury apportions a greater percentage of damages to the general contractor rather than the implicated subcontractor.  In Babin Builders and Development Inc. v. Quinones, the trial court rejected the general contractors’ motion for attorneys’ fees against its stucco subcontractor because the jury had apportioned 60% of damages to the general contractor and 40% of damages to the stucco subcontractor. Therefore, the trial court determined that the general contractor was not the prevailing party and was not entitled to attorneys’ fees. On appeal, Florida’s First District Court of Appeal reversed the trial court’s ruling. The appellate court, instead, focused on the third-party claims asserted by the general contractor and whether there was a finding of breach of contract. It was determined that the jury did issue a finding for both breach of contract and violation of building code counts on behalf of the stucco subcontractor and, further, there was no finding that the general contractor contributed to these breaches. Therefore, despite a greater percentage of damages being allocated to the general contractor, that was not the controlling factor. Instead, the issue of attorneys’ fees was limited to the third-party claims only. Because the general contractor prevailed in the breach of contract and building code violations claims, the District Court reversed the trial court’s order and remanded the matter for an entry of attorneys’ fees incurred on the third-party claims only.  It is important to pay attention to such nuances in interpretation of contract language, including attorneys’ fees provisions in considering risks and exposure.    Case Law Alerts, 2nd Quarter, April 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2024 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Firm Highlights

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

Ohio Supreme Court Holds That a Binding Appraisal Award May Not Be Set Aside Absent Specific Evidence of Manifest Mistake or Fraud

On July 23, 2026, the Ohio Supreme Court issued a rare opinion on the binding effect of an appraisal award in a property insurance policy.  The Court in One Church held: A binding appraisal award will not be set aside unless an error is so palpably wrong that it undermines the intent of the agreement, such as corruption or gross mistake, not a mere error of judgment—To plead a claim of mistake with particularity as required by Civ.R. 9(B), facts alleged in a complaint must constitute the elements of mistake—Allegation that additional, hidden damage was discovered after appraisal award failed to state a claim of mistake that could justify setting aside binding appraisal.  The case arose out of a claim brought by One Church against its insurer, Brotherhood Mutual Insurance Company for roof damage from a storm. Pursuant to the terms of the insurance policy, the parties agreed to submit the matter to appraisal. The two appraisers inspected the building, and both appraisers agreed that the damages were $313,271.98. The insurer paid the agreed appraised amount.  Thereafter, the insured submitted a claim for an additional $206,663.09 in damages. The insured argued that these additional damages were not discovered until after the repairs began, and that they should be permitted to submit an additional claim, even though there had already been a binding appraisal of damages. The insurer refused to pay the additional damages, and the insured sued for breach of contract and bad faith.  In the trial court, the insurer moved to dismiss for failure to state a claim, arguing that the binding appraisal award barred any further claims. The insured took the position that additional hidden damages could not be discovered until after the repairs began, and therefore there was a mutual mistake. The trial court dismissed the case on the insurer’s motion, because there was no “evidence of fraud, misfeasance, or mistake”. The Court of Appeals agreed that appraisal awards are generally binding, but noted that an appraisal award can be set aside for fraud or manifest mistake. The Court of Appeals reversed and remanded the case to the trial court, finding that the insured had pled mistake with sufficient particularity. The insurer appealed to the Ohio Supreme Court. On appeal, the Ohio Supreme Court reversed the Court of Appeals, and reinstated the trial court decision dismissing the case for failure to state a claim upon which relief can be granted. The Supreme Court found that since the insured had already demanded appraisal, and the appraisal award was binding, “something more than error of judgement, such as corruption in the arbitrator, or gross mistake” must be pled with particularity, and proven for the insured to override the appraisal award. Since the complaint did not allege fraud or manifest mistake with sufficient particularity, something more than a mere error of judgment, the complaint was insufficient to state a claim.  The complaint in this case did not challenge the appraisal award. It pled that additional damages were discovered that were not apparent when the appraisal was done. It did not specify “who discovered the damages, how they were discovered, where they were found, why they were previously hidden, or why they rise to the level of a manifest mistake that the “appraiser would have corrected...had it been called to his attention”. Id at ¶22 citing Lakewood Mfg. Co. v. Home Ins. Co. of New York, 422 F.2d 796, 798 (6th Cir. 1970). Cases deciding the effect of appraisal awards are unusual. The Ohio Supreme Court’s decision in One Church relies primarily on 19th century case law for its conclusion. This emphasizes the fact that there is minimal case law deciding the effect of binding appraisal clauses in property insurance policies, and makes this case all the more significant. A lengthy dissent was written by Justice Fisher, who would have affirmed the Court of Appeals decision reversing and remanding the case for a decision on the merits. Of course, the decision works both ways, and an insurer dissatisfied with a binding appraisal award will likewise be without further recourse absent evidence of corruption, fraud, misfeasance, or manifest mistake, which must be pled with particularity. To constitute manifest mistake, “the mistake must be of such character that the arbitrator or appraiser would have corrected it had it been called to his attention.”  Lakewood Mfg. Co. v. Home Ins. Co. of New York, 422 F.2d 796, 798 (6th Cir. 1970).  The majority opinion does not specifically identify what would have been sufficient to plead mistake with particularity, or if the insured could have amended the complaint to overcome the deficiencies. The dissent argues that this was not really a case alleging mistake, but rather a question of contract interpretation. The insured did not challenge the appraisal, but argued that the hidden damage was not part of the appraisal, and the appraisal only covered the known damages.  However, this argument did not carry the day with the majority.  *Thomas F. Glassman, a shareholder in Marshall Dennehey’s Cincinnati office, filed a brief in the Ohio Supreme Court on behalf of the Ohio Association of Civil Trial Attorneys, in support of the insurer’s position.