Partner
David R. Sutton III
David Sutton is a senior associate who focuses his practice on construction and
business litigation. He also provides transactional services such as contract review and
drafting.
David is best known for his successful representation of construction clients in high
stakes matters, such as defending the general contractor in a $320 million construction
defects case which resulted in a favorable settlement.
David also has experience with the full range of construction matters, including surety disputes, delays, liens,
bankruptcy of lower tier subcontractors, professional negligence, and contractual
issues.
Prior to attending law school, David was an award-winning finance manager for a large
car dealership group based in Philadelphia, and he brings a business-first mindset to his
representation.
As a result, he will work to negotiate with opposing parties to reduce
litigation risk and expense wherever possible. However, when the need arises, he can
bring his award-winning mock-trial experience to bear as he has done in both state and
federal court.
David is a multi-generational Jacksonville native who is happy to return home with his
wife. He enjoys fishing, traveling and watching the Jaguars and Gators in his free time.
PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME
• Achieved a favorable settlement for the general contractor in a massive 5 million square foot mixed-use development where the Plaintiffs alleged over $320 million in damages. David was the lead associate who handled a number of unique issues, which included identifying and litigating a significant condominium declaration issue which was ultimately resolved when the Florida Legislature amended the relevant statute during the case, managing over 40 terabytes of discovery, and litigating more routine defects such as alleged water intrusion from TPO roof membranes, windows, sliding glass doors and balconies, and unique allegations including custom designed showers, green roofs, environmental cooling and shade systems, and exterior decorative panels. This substantial litigation resulted in tens of thousands of pages of expert reports, significant motion practice including a counterclaim for declaratory judgment, approximately one hundred days of deposition testimony, and weeks of mediation.
• Successfully lifted an automatic bankruptcy stay in less than 30 days when the general contractor faced delay penalties approaching $100,000/day. The debtor drywall subcontractor had abandoned the sites of five high-rise projects where his scope of work was on the critical path. However, his declaration of bankruptcy and the subsequent automatic bankruptcy stay prevented the client from terminating and replacing or supplementing the subcontractor, bringing all five projects to a grinding halt. Making matters worse, the subcontractor’s creditors were owed millions and had a substantial interest in opposing the subcontractor’s termination. David leapt into action as co-counsel with a seasoned bankruptcy attorney and conducted discovery in record time to force a final evidentiary hearing on the issue in 23 days, lifting the automatic bankruptcy stay and allowing construction to resume at all five projects.
• Achieved favorable settlements for a large national homebuilder in two class actions involving large townhome communities where the Plaintiffs alleged over $20 million in damages. The multi-year litigations both involved claims of water intrusion that resulted in dozens of depositions, significant motion practice, and protracted mediation.
• Represented the general contractor in a multi-million dollar surety dispute where the surety refused to pay for the supplementation work which was necessitated by the subcontractor’s poor installation and delays and the surety counterclaimed for damages arising from an alleged breach of the bond terms.
Successfully dismissed a fraud case where the plaintiff alleged he was
defrauded when purchasing a $350,000 piece of heavy manufacturing
equipment. David identified that the relevant contract had a non-reliance
clause and successfully argued that the plaintiff was barred from alleging
fraud, thereby resolving the dispute in the pre-discovery phase.
Professional, Trade & Philanthropic Affiliations
- Jacksonville Bar Association (2020-2022)
- Hillsborough County Bar Association (2022-2025)
- Jacksonville Chester Bedell Inn of Court (2020-2022)
- ABA Construction Forum (2023-2025)
- Design-Build Institute of America (2023-2025)
Honors & Awards
- Legal Elite 2022
- Super Lawyers- Rising Star 2018 and 2019
- Legal Elite, Up and Comer 2018 and 2019
Admissions
- Florida Bar, 2019
- U.S. District Court Middle District of Florida
- U.S. District Court Southern District of Florida
Education
- University of Florida, Juris Doctor, 2019
- Vice-President of Trial Team
- Champion, Chester Beddell Florida Bar Mock-Trial Tournament
- Champion, UF Intramural Mock-Trial Tournament
- Runner-Up, National Civil Rights Mock-Trial Tournament
- Book award, Mock Trial
- Lehigh University, 2012, History, with Honors
- Tour guide and archivist for the Lehigh Valley historical society
- Rowed for the crew team