Elizabeth B. Ferguson


    Elizabeth 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 served on the Florida Board of Professional Engineers, appointed by Gov. Rick Scott, from 2015-2018.

    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

    Florida Construction Defect Litigation, Jacksonville Bar Association's Florida Construction Defect Litigation CLE Lunch & Learn, April 30, 2024

    Design Liability, The Florida Bar Construction Law Institute, Orlando, Florida, March 23, 2024

    Views from the Bench: Complex Construction Litigation – Trials and the Run-Up, The Florida Bar Real Property, Probate and Trust Law Section’s Construction Law Institute, Orlando, Florida, March 22, 2024

    How Insurers Are Controlling Expert Costs in Construction Defect Claims, AM Best Webinar, November 7, 2023

    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 Wooster (B.A., 1999)
    Honors & awards
    The Best Lawyers in America®, Litigation - Construction
    Florida Super Lawyers
    Florida Trend, Legal Elite, 2023 Notable Women Leaders in Law
    Florida Super Lawyers Rising Star-Construction Litigation
    Florida Trend Magazine, Legal Elite, Construction Law
    2014, 2018, 2020, 2021
    Florida Trend Magazine, Up and Comer
    2008, 2010-2013
    Ultimate Attorney, Jacksonville Business Journal, Construction Law
    Associations & memberships
    American Bar Association, Forum on the Construction Industry, 2009 – 2019
    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, Construction Law Committee, Co-Vice Chair; 2021-2022
    The Florida Bar, Construction Law Committee, Pro Bono Chair, 2022 - 2023
    The Florida Bar, Construction Law Review Course Steering Committee, Co-Chair, 2020-2023
    The Florida Bar Construction Law Certification Committee, 2023-2024
    The Florida Bar, Grievance Committee 4A, Vice-Chair, 2017-2020
    The Florida Bar Judicial Nominating Procedures Committee, 2021-2024
    The Florida Bar, RPPTL Section, Executive Committee Member, 2018-Present
    Florida Board of Professional Engineers, Former Board Member
    Jacksonville Bar Association, President: 2019-2020; Board of Governors: 2012-2020; Construction Law Section: 2011-Present
    Phi Delta Phi, Wilkie Inn
    Year joined