The minimum standards for construction law certification, provided in Rule 6-24.3 including the practice of construction law for at least five years, showing substantial involvement in construction law, completing 45 hours of approved construction law certification continuing legal education, peer review, and a written examination.
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Rule 6-24.1 explains the standards for earning the designation as a “Board Certified in Construction Law.”
The purpose of the standards is to identify those lawyers who practice construction law and have the special knowledge, skills, and proficiency, as well as the character, ethics, and reputation for professionalism, to be properly identified to the public as board certified in construction law.
The standards were added oon oMay 20, 2004, and last amended and effective October 16, 2015 by the Florida Board of Governors.
The term "construction law" is defined in Rule 6-24.2(a) as the practice of law dealing with matters relating to the design and construction of improvements on private and public projects including, but not limited to, construction dispute resolution, contract negotiation, preparation, award and administration, lobbying in governmental hearings, oversight and document review, construction lending and insurance, construction licensing, and the analysis and litigation of problems arising out of the Florida Construction Lien Law, section 255.05, Florida Statutes, and the federal Miller Act, 40 U.S.C. §270.
Under Rule 6-24.2(b) the construction law certification committee must include a minimum of 3 members with experience in transactional construction law and 3 members with experience in construction law litigation.
Under Rule 6-24.3(a), the minimum standards for becoming board certified in construction law include:
(a) Minimum Period of Practice.
The applicant must have been engaged in the practice of law in the United States or engaged in the practice of United States law while in a foreign country and been a member in good standing of the bar of any state of the United States or the District of Columbia for a period of 5 years as of the date of filing an application. The years of law practice need not be consecutive.
(b) Substantial Involvement.
The applicant must demonstrate substantial involvement in construction law to become certified as a construction lawyer. The applicant must have at least 5 years of the practice of law, of which at least 40 percent has been spent in active participation in construction law where issues of construction law were significant factors and in which the applicant had substantial and direct participation in those construction law issues.
At least 3 years of this practice must be immediately preceding application.
The applicant must furnish information concerning the frequency of the applicant’s work and the nature of the issues involved.
Time devoted to lecturing or authoring books or articles on construction law if the applicant was engaged in the practice of law during that time period.
Demonstration of compliance with this requirement shall be made initially through a form of questionnaire approved by the construction law certification committee but written or oral supplementation may be required.
(c) Peer Review.
The applicant must submit the names and addresses of 5 lawyers or judges who are familiar with the applicant’s practice, not including attorneys who currently practice in the applicant’s law firm, to complete peer review forms.
The board of legal specialization and education and the construction law certification committee may authorize references from nonlawyers.
(d) Education.
The applicant must complete 45 credit hours of approved continuing legal education in construction law during the 3-year period immediately preceding the application date. (e) Examination.
The applicant must pass an examination, applied uniformly to all applicants, to demonstrate sufficient knowledge, proficiency, and experience in the practice of law applicable to the design and construction of projects in Florida construction law to justify the representation of special competence to the legal profession and the public.
The recertification rules for construction law are contained in Rule 6-24.4.
Under subsection (a) for Substantial Involvement, the attorney must demonstrate continuous and substantial involvement in construction law of 40 percent or more during each year after certification or prior recertification under the minimum standards for initial certification.
Under subsection (b) for education, the attorney must complete 75 hours of approved continuing legal education in construction law since the last application.
Under subsection (c) for peer review, the attorney must submit the names and addresses of 5 lawyers or judges who are familiar with the applicant’s practice, not including lawyers who currently practice in the applicant’s law firm, to complete peer review forms.
