Donell André Hicks provides support to a broad client base and his services are routinely sought out by construction clients for representation in complex disputes. He is a seasoned litigator who understands strategy and tactics and applies his wide breadth of knowledge using a practical, results-oriented approach. Donell obtained Board Certification in Construction Law by the Florida Bar in August 2013.
- Represented numerous contractors, architects, and engineers (civil, structural, mechanical, electrical, plumbing, geotechnical, aquaculture, etc.) on single family, condominium, and commercial projects.
- Drafting and negotiation of construction contracts, including AIA contract documents, for numerous clients.
- Representation of owners, contractors, and surety companies with liens, bond claims, and subsequent litigation.
- Represented law firms, attorneys, accountants, insurance agents, and other professionals against claims of Errors and Omissions in malpractice cases.
- Representation of national department store against landlord as it relates to the closure of a contaminated site involving environmental concerns reviewed by the Florida Department of Environmental Protection, Miami-Dade DERM, and the Environmental Quality Control Board.
- Representation of owners with regard to building code violations.
- Representation of commercial property building owner with regard to elevator failure due to lack of maintenance by national elevator company under annual maintenance agreement.
- Provided assistance to clients regarding useful life of commercial buildings and coordination of expert opinions regarding structural integrity of the property.
- Defense of Directors and Officers to protect the personal assets of corporate directors and officers, and their spouses, in cases alleging claims of breach of fiduciary duty and negligence.
- Defense of gas station owner against environmental contamination litigation and agency action resulting from fuel spill and discharge from underground storage tank.
- Represented aquaculture engineer against claims made by owners of a fish farm by analyzing the aquaculture engineering design and bio plan.
- Defense of engineer in the design of a 4-story energy plant for Nova Southeastern University’s Community Development District (CDD) to provide chilled water to the campus facilities.
- Defense of engineer for the design of the City of North Miami Beach Norwood-Oeffler Water Treatment Plant where damages claimed were in excess of $25 million.
- Defense of company in complex construction delay case regarding the design and supply of equipment to construct a cement plant with alleged damages in excess of $60 million.
- Defense of engineer related to the standard of care in the design of a luxury South Beach condominium, with alleged damages in excess of $45 million.
- Defense of architect who allegedly miscalculated the true square footage of a luxury South Beach condominium, thus causing the owner lost profits in excess of $40 million.
- Defense of general contractor who built the Spring Valley residential subdivision to defend against a class action claim for failure to provide adequate stucco, with alleged damages in excess of $11 million.
Admissions
- Florida
- Maryland
- Washington
- District of Columbia
- U.S. District Court, Northern, Middle, and Southern Districts of Florida
- U.S. District Court, District of Columbia
- Supreme Court of the United States
Memberships
- The Florida Bar, Real Property, Probate & Trust Law Section (RPPTL), Construction Law Committee, 2006-Present
- Litigation Subcommittee
- All Ivy+, 2011-Present
- President, 2017-Present
- Board Member, 2011-2016
- Gay and Lesbian Lawyers Association of South Florida (GALLA), Co-Chair, 2023-Present
- Cornell University, Cornell Class of 1997, 2009-Present
- President 2022-Present
- Co-President 2017-2022
- Class Council 2009-2016
- Cornell Club of Greater Miami and the Florida Keys, 2011-Present
- President, 2011-2015
- Cornell University Council, Ambassador, 2016-2020; 2022-2026
- The Florida Bar Leadership Academy, Fellow and Inaugural Class Member, 2013-2014
- Greater Miami Chamber of Commerce, Leadership Miami
Education
- J.D., The George Washington University School of Law, 2000
- B.A., Cornell University, 1997
Honors
- Florida Bar Board Certified Construction Attorney, 2013-Present
- AV Preeminent® Top Rated Lawyer, Martindale-Hubbell
- Gay and Lesbian Lawyers Association, Recognition Award, 2023