Benjamin T. Lute - Saint Petersburg, FL

“I understand what my clients need and not because I read it in a book. This involves not only legal counsel, but practical advice. Although most of my practice involves litigating, I take pride in finding strategic winning solutions for clients without the need to ever step foot into a courtroom. Many new clients call once an issue arises; my older ones call to strategize how to avoid them altogether.”

Mr. Lute’s practice areas encompass everything construction law, regularly representing general contractors, developers, and subcontractors. His practice includes full-service legal representation and consultation to his clients, including general business counsel, contract review, drafting and negotiations, business development strategy, collections, construction litigation, defect litigation, prosecution of lien and bond claims, local and state contractor licensing, and OSHA and other regulatory defense – essentially any issue his contractor clients encounter. He regularly handles appeals on behalf of his clients, and in the past has handled matters concerning water law and other environmental issues.

Mr. Lute proudly serves the construction industry and gives back where he can. He has served as General Counsel for various industry associations, as well as participated on a membership and board-officer level on numerous not-for-profit organizations.

He is recognized by his peers among Florida Super Lawyers® Rising Stars (2021-2025) and Best Lawyers® Ones to Watch in Construction Law, Construction Litigation, and Environmental Law (2021-2025). For the last seven years, he’s been awarded Legal Elite Up & Comer by Florida Trend (2019-2025), a Top Lawyer in Tampa Magazine (2018-2024), and is rated AV Preeminent by Martindale-Hubbell.

Representation

• Successfully defended appeal brought by owner-defendant against roofing contractor client, resulting in a Per Curiam decision by the Fourth District Court of Appeals, affirming client’s prior trial court summary judgment victory on a breach of contract and lien foreclosure action. Entitlement to both appellate and trial court attorney’s fees awarded, as well as costs and interest. Harris v. Bentley Roofing, LLC, 377 So. 3d 139 (Fla. 4th DCA 2023).
• Successfully defended appeal resulting in a Per Curiam decision by the Second District Court of Appeals, affirming client’s prior trial court summary judgment victory on worthless payment action. Entitlement to appellate attorney’s fees awarded. Impero Construction, Inc. v. James A. Sitter, No. 2D2024-1283 (Fla. 2d DCA March 19, 2025).
• Prevailed in Petition for Writ of Certiorari on behalf of contractor client, resulting in the Court quashing the applicable Construction Trades Board’s prior Order levying fines against client and revoking client’s right to perform work within its jurisdiction.
• Prevailed in petitioning for the withdrawal of Proposed Rule 61G4-15.035 on behalf of, and as general legal counsel for, Florida non-profit trade association.
• Successfully petitioned Florida Construction Industry Licensing Board (CILB) for Declaratory Statement agreeing with engineering client’s position. Published as: In re: Petition for Declaratory Statement of G.B. Collins Engineering, P.A., Construction Industry Licensing Board, DS 2018-025 (2018) (petitioner).
• Representation of non-profit trades association in defending public records lawsuit, resulting in early voluntary dismissal of action with $0.00 paid to the plaintiff.
• Representation of roofing subcontractor in defending multi-party condo defect litigation, resulting in dismissal pursuant to global settlement reached amongst parties where client paid only nominal (less than $2,000) solely for the purpose of inclusion in global release of any/all past or future claims.
• Representation of contractors in construction lien foreclosure actions, resulting in final judgment awarding all amounts owed, costs, and reasonable attorney’s fees.
• Representation of contractor in breach of contract and ‘worthless payment instrument’ (bad check) litigation, resulting in settlement prior to hearing on Motion for Summary Judgment wherein client was paid full amount owed, costs, and attorney’s fees.
• Representation of corporate owner in defending against construction lien foreclosure action, resulting in dismissal upon prevailing on Motion to Dismiss. Entitlement to attorney’s fees awarded.