Brannock Berman & Seider Wins Reversal in Complex Construction Litigation

The Second District Court of Appeal reinstated tortious interference and civil conspiracy claims against Bank of America in a long-running lawsuit stemming from construction issues on a major downtown Tampa redevelopment project.

On behalf of the surety company that issued the project’s performance bond, Brannock Berman & Seider appealed the trial court’s partial summary judgment allowing Bank of America, the project’s financer, to extricate itself from the multiparty dispute. The surety had filed claims against the Bank for allegedly interfering in its contractual relationship with the project’s owner. The Bank convinced the trial court to reject those claims based on a so-called “privilege” to interfere to protect its investment. After extensive written briefing and an oral argument in Tampa, the Second District agreed with Brannock Berman & Seider’s interpretation of the “privilege” and reversed the dismissal of the surety’s tort claims.

The case now returns to the trial court, where related construction-defect litigation remains ongoing.