Steven B. Lesser (Shareholder)
slesser@becker-poliakoff.com


Professional Experience
Mr. Lesser is Board Certified in Construction Law by the Florida Bar. He devotes his practice exclusively to construction law and litigation and has substantial experience representing owners, developers, contractors, design professionals, and government entities in a variety of construction cases. He successfully represented homeowner Phillipe Moransais in a landmark case before the Florida Supreme Court (Moransais v. Heathman, et al.) which in effect, reshapes construction law in Florida by retreating from the economic loss doctrine and forcing architects, engineers and other professionals to be accountable for their own negligence. In addition, Mr. Lesser serves as special construction litigation counsel to The School Board of Broward County handling delay claim litigation and is a certified arbitrator on construction issues for the American Arbitration Association.

Mr. Lesser is AV Rated by Martindale-Hubbell. He is listed in Chambers USA America's Leading Lawyers for Business as one of the top construction lawyers in Florida (Band 1) noting that “Steven Lesser has all the qualities that make for a fantastic lawyer. Clients are drawn to him for his litigation expertise and report that he knows construction law inside-out and you always know that he has nothing but your best interests at heart.” Chambers has further commented that "Steve Lesser's wide-ranging knowledge of the area coupled with his skills as a litigator make him a great choice for complex matters." Florida Trend magazine has recognized Mr. Lesser as a member of "Legal Elite" in the area of Construction Law in every year of its publication. This designation is based upon a poll of Florida attorneys, who select their peers in the top 2% of their respective practice areas. Mr. Lesser was also selected as a "Florida Super Lawyer" by Law & Politics magazine which named Florida 's top lawyers as chosen by their peers. Mr. Lesser is listed in Who's Who Legal: The International Who's Who of Business Lawyers as a member of the International Who's Who of Construction Lawyers, an elite group who are "can truly be considered leaders in the field of Construction Law". He also received the prestigious Deborah M. Smoot Memorial Award by the Editorial Board of the Florida Bar Journal & News for his outstanding contributions to the Journal and News as Chair and Board Member.

Publications
A prolific author on construction-related legal issues, Mr. Lesser authored and co-authored a number of construction publications: “Meet the 2007 A201 : General Conditions of the Contract for Construction: Letting Go of Paper and Making Way for the IDM”(Part I) and “New Rules” (Part 2) Construction Litigation Reporter, West Publishing Company, Volume 29 Nos 4 & 5 (April, May 2008); “For Better or Worse: The AIA Introduces the Initial Decision Maker in its Dispute Resolution Process” Dispute Resolution Journal, American Arbitration Association(February /April, 2008). “The Twelve Deadly Sins: An Owner's Guide To Avoiding Liability For Implied Obligations During the Construction Of a Project”, The Construction Lawyer, (Winter 2008); The 2004 Amendments to Florida's Construction Defect Statute: Some Solutions, More Confusion", Florida Bar Journal (October 2004); "Florida's New Construction Defect Statute: The Aggrieved Homeowner's Obstacle Course", Florida Bar Journal (October 2003); and a chapter entitled, "Damages In Commercial Cases", Florida Civil Practice Damages, The Florida Bar Continuing Legal Education, Fifth Edition (September, 2000). He co-authored a chapter of the Florida Bar Manual entitled, "Florida Condominium and Community Association Law - Construction Defect Litigation"( 2007). In addition, he has published articles including: "The Great Escape, How to Draft Exculpatory Clauses That Limit or Extinguish Liability", Florida Bar Journal, (November, 2001);co-author of "Risky Business: The Active Interference Exception to No Damage for Delay Clauses", The Construction Lawyer, Winter, 2003; "Chipping Away of the Economic Loss", Florida Bar Journal (October, 1999); "The Inadvertent Waiver of Mandatory Construction Arbitration Clauses", Florida Bar Journal (October, 1997);"Economic Loss Doctrine and Its Impact Upon Construction Claims", Volume 14, No. 3, The Construction Lawyer (August, 1994);"Beyond the Rules of Civil Procedure: The Use of Case Management Techniques in Complex Multi-Party Litigation," Volume 15 Trial Diplomacy Journal 223-234 (1992); "Deposing The Expert Witness" Volume 20 The Brief No. 1, American Bar Association, (1990); "The Validity, Force And Effect Of No Damage For Delay Clauses," 62 Florida Bar Journal No. 1 (January, 1988); and "Discovery In Construction Litigation" Volume 62 Florida Bar Journal No. 11 (December,1988).

Full Text Articles
	Co - author, "How Owners Can Avoid Litigation on Construction Projects,"Construction Checklists - A Guide to Frequently Encountered Construction Issues" for the American Bar Association
	Co-author, "For Better or Worse: The AIA Introduces the Initial Decision Maker in its Dispute Resolution Provisions," Dispute Resolution Journal, February-April, 2008.
	The 2004 Amendments to Florida's Construction Defect Statute: Some Solutions and More Confusion
	Sizing up Attorney Fees, ABA Journal, March 2004
	Florida's New Construction Defect Statute, The Aggrieved Homeowner's Obstacle Course
	How to Draft Exculpatory Clauses That Limit or Extinguish Liability Florida Bar Journal, November 2001
	Arbitration of Construction Claims
	Concrete Restoration: Doing It Right The First Time
	Concrete Restoration: Typical Issues Controlling The Condominium Association
	Guarding Yourself From Liability Using the Business Judgment Rule
	Hurricane Damage and the Search for Responsibility Arising From Faulty Construction
	Insurance Policies May Provide Condominium Associations With Relief For Balcony Renovations
	Preventative Measures to Avoid Problems With Construction Contracts
	Searching For Money: A Condominium Association's Guide to Acquiring Financing
	Understanding the Operation and Enforcement of the Florida Construction Lien Law
	The Pitfalls Associated with Construction Contracts
	Construction Defects and Deficiencies: Promptly Investigate Problems to Preserve Legal Remedies
	Country Club Design, Construction and Renovation
	The Great Escape - How to Draft Exculpatory Clauses That Limit or Extinguish Liability, Florida Bar Journal, November 2001

Activities & Memberships
Mr. Lesser has recently been appointed to serve on the American Bar Association Commission on the American Jury Project and previously served as Chair of the Task Force on the Contingent Fee for the ABA's Tort and Insurance Practice Section having led the task force's review of the contingent fee system to evaluate the impact of future changes to this fee structure on attorneys and their clients. The Task Force published "Contingent Fees in Mass Tort Litigation" in the Tort Trial & Insurance Practice Law Journal, Fall 2006 and its earlier report entitled “Report on Contingent Fees in Class Action Litigation” was published in The Review Of Litigation, The University of Texas School of Law, Volume 25, No. 3, Summer 2006. He previously served as a member of the prestigious Council for the ABA's Tort and Insurance Practice Section having served as Chair of the Special Standing Committee on Professionalism. He also served as Chair of the Florida Bar's Journal and News 40-member Editorial Board and as a member of the Editorial Board Committee actively reviewing articles for publication and teaching seminars on legal writing. Mr. Lesser is immediate past Chair of the American Bar Association (ABA) Forum on the Construction Industry Steering Committee on Owners and Lenders, a nationally prestigious organization for members of the construction industry and serves as Vice President of the International Concrete Repair Institute, Southeast Region. Previously, Mr. Lesser served as Chair of the Committees on Economics of Tort and Insurance Law Practice, and Trial Techniques of the Tort and Insurance Law and Practice Section of the ABA. He also served as Chair of The Broward County Bar Association Construction Law Committee. He was a member of the Judicial Nominating Procedures Committee for The Florida Bar and served as Chair of the Bar's Grievance Committees 15(f) and 17(b). Mr. Lesser served as Past Chair of the Legus, a group of affiliated law firms throughout the world and Co-Chair of the ABA Forum on the Construction Industry Program entitled “New Forms, New Issues, New Strategies” designed to introduce the 2007 version of the AIA Form Documents to construction lawyers throughout the country. Mr. Lesser has been a featured speaker at several ABA National Conventions and has lectured on a variety of topics dealing with litigation, ethics, professionalism and construction including "Attacking The Expert Witness At Deposition: The Aftermath of Daubert v. Merrell Dow Pharmaceuticals, Inc."; "The Cost-Effective Use of Case Management in Multi-Party Litigation"; and “50 Ways To Get Into Or Avoid Trouble! How To Avoid Legal Malpractice And Grievance Claims”. Mr. Lesser has also lectured at the ABA Forum on the Construction Industry Annual Meeting in Puerto Rico on “The Twelve Deadly Sins: An Owner’s Guide To Avoiding Liability For Implied Obligations During the Construction Of a Project” and as a panelist on the ABA Forum On The Construction Industry teleconference entitled "Ethical Dilemmas and Pitfalls in Construction Contacting and Litigation". He presented "Legal Writing for the 21st Century Lawyer" and "Drafting Disclaimers of Liability, Indemnification Clauses and Releases" at Annual Conventions of the Florida Bar. Mr. Lesser also served as a featured speaker at the Florida Law Inaugural Construction Law Institute lecturing on “The Florida Construction Laywer’s Guide to the New 2007 AIA A201 “General Conditions of the Contract for Construction” and has been a frequent lecturer at the Florida Bar Construction Certification Review Course lecturing on construction defect claims and Chapter 558, Florida Statutes. He is also a member of the American Institute of Architects and a Fellow of the American Bar Foundation.

Bar Admissions
Florida, 1979
Ohio, 1979

Court Admissions
United States Supreme Court, Trial Bar of the United States District Courts, Southern and Middle Districts of Florida

Education
J.D., Cleveland-Marshall, 1979
B.S.J., Ohio University, 1975