Jason
Rodgers
da Cruz

• Shareholder and Chair of the Construction Defect Trial Practice Group at Siegfried Rivera
• 21 years as a trial lawyer
• 17  + years as a construction and community association trial lawyer

• • • 2000-2004 – Assistant Public Defender in Brevard and Miami-Dade Counties
    • 2004-2021 – Construction and Community Association Lawyer
    • Significant jury trial experience
    • Prosecuted or defended over 100 + Complex Multi-Party Construction Defect Cases valued in the hundreds of millions of dollars on behalf of Community Associations, Developers, Contractors, Subcontractors, and Owners.
    • Defend Associations and board of directors against unit owner and other disputes, including disputes with government and building departments

• Construction Litigation and Trial Work:

• • • I have litigated defective design, construction, and manufacturing defects of virtually all building components, including roofs and roofing systems, waterproofing systems, pool decks, stucco, structural systems (concrete and steel), post-tensioning, windows, sliding glass doors, balcony railings, fire sprinkler and life safety systems, mechanical, electrical, and plumbing systems, Chinese drywall, and paint/coatings.

• • • I have also successfully prosecuted actions against major (international) manufacturers (Carlisle, Tremco, Soprema, etc.) for waterproofing/roofing failures, which has provided me with insight on manufacturers’ products, waterproofing performance characteristics, warranties, course of conduct, and duties to community associations.

• • • I have extensive experience in litigating waterproofing/pool deck claims and understand the overall risks and duties associated with these type of projects, including Florida Building Code requirements, industry standards, and manufacturer’s installation and inspection requirements.

• Construction Contracts:

• • • Negotiate and draft construction contracts on behalf of Community Associations, Owners, Contractors, and Subcontractors.

• • • I am regularly retained for the sole purpose of legally evaluating and framing a construction project from beginning to end. I advise clients on various (and creative) methods of project delivery (start to finish) that is based on the client’s needs and objectives, and includes legal advice on design, construction, quality control measures, testing, expert evaluation, risk assessment, insurance, bonds, and other issues involving liability. I view myself as a flexible practitioner that works with clients on their objectives, as there is no true “one size fits all” approach to a construction project.

• Florida Bar Member

• City of Miami’s Green Commission – Previously served as a member of the Green Building and Bicycle subcommittees

• American Bar Association (Construction Forum) – Division 1 Steering Committee
• American Bar Association’s Construction Forum’s Trial Academy – Previously served as a Committee Member

• I have authored or co-authored American Bar Association’s Treatises and Articles
• I have presented numerous seminars for the American Bar Association, Lorman, and NBI on multiple topics construction topics pertaining to construction litigation and contract drafting

·         University of Miami School of Law – 2000