Contruction Arbitration

      Ed Fleming been involved in numerous construction arbitrations and mediations, both as an attorney, as well as an arbitrator.

      He is familiar with state and federal statutes and rules governing the conduct and enforcement of arbitration awards. Ed has been involved in all aspects of construction disputes, including arbitration, mediation and litigation involving alleged defects in structural steel erection, concrete, airport runways, foundations, soil compaction, differing site conditions, framing (including structural issues), drywall finishing, stucco (both traditional and synthetic) windows, doors, asphalt and concrete roads and parking lots, roof and floor trusses, commercial and residential roof systems, HVAC systems, fire alarm systems, fire sprinkler systems, plumbing, electrical, and design issues relating to all aspects of construction, including ADA compliance issues. He also possesses significant experience with delay-impact cases, including “critical path” schedule analysis issues.

      Ed has handled more than a hundred construction bond and construction lien claims, both under state and federal law, construction licensing issues, construction defect cases, OSHA claims, wage and hour claims, disability, workers compensation, and wrongful death claims. He is a frequent lecturer on construction law issues, and has been certified as an approved instructor by both state construction regulators, and state bar associations, in several states.

      A major advantage of arbitration is having an arbitrator who understands both the legal and technical issues involved in construction disputes. Ed has such knowledge and experience and can serve as a construction claims consultant as well.

Construction Arbitrator

Commercial Litigation and Arbitration. In addition to construction law, Ed has been involved with aviation defect cases, oil and gas disputes (both production, as well as severance tax issues), partnership disputes, corporate litigation, securities law, trade secrets, patent law, fraud, civil theft, embezzlement, banking law, Uniform Commercial Code and other commercial issues.

Employment Law. Ed has been involved with all aspects of employment discrimination law, from drafting and reviewing corporate policies, to litigating employment discrimination cases.

Real Property Law. Ed has been counsel of record for numerous title issues, including boundary disputes, failure of title, title defects, and challenges relating to taxation of real property.

Government Law. Ed has been counsel of record in several governmental law cases, including voting rights issues (served as lead counsel for former President George Bush and Dick Chaney in a federal ballot dispute case), public records and “sunshine law” actions, and other issues relating to government financing, contracting and employment law issues. He currently serves as counsel for a quasi governmental entity that manages a major public works project.

      Ed Fleming is often described, by lawyers and judges, as a “lawyer’s lawyer.” He has been described by a former Florida Supreme Court Justice as “one of the best legal minds and principled attorneys I have ever known.” He achieved the “AV” ranking, the highest peer review ranking offered by the well-respected Marindale-Hubbell publication, early in his career.


      Edward P. Fleming is a founding partner of the law firm McDonald Fleming Moorhead. He earned his Juris Doctorate from the University of Georgia and his bachelor's degree from Georgia State University.

      Ed is involved in numerous legal associations including the Christian Legal Society, Attorney's Counsel for the American Subcontractors Association, and Attorney's Council for Florida Family Research Council. He has been twice appointed by Governor Jeb Bush to serve on the Judicial Nominating Commission for the First District Court of Appeals, a panel that nominates appellate judges. He currently serves as Vice Chairman of that Commission. He has earned an AV® rating by Martindale-Hubbell, the highest rating possible given by his peers in the Pensacola area.
      Ed's practice is focused on construction, corporate and business law. Ed's clients have included President George W. Bush and Vice President Richard Cheney whom he had the privilege of representing in a federal action challenging the rejection of hundreds of votes from overseas and military personnel during the 2000 Presidential Election.

Primary Areas of Practice
Construction Law and Litigation, Construction Arbitration, Construction Mediation
Commercial Litigation

Admissions
Admitted to practice law before all Florida Courts, the United States District Court for the Northern District of Florida, the United States District Court for the Middle District of Florida, and the United States Circuit Court of Appeals for the Eleventh Circuit.

Education
Juris Doctor, Magna Cum Laude, 1986
University of Georgia

B.S., 1974
Georgia State University

Employment
1988 - Present     Partner - McDonald Fleming Moorhead

Professional Associations
Escambia-Santa Rosa Bar Association
The Florida Bar
Florida Judicial Nominating Commission for the First District Court
of Appeals (Commissioner, Appointed by Governor Jeb Bush)
Christian Legal Society
Rutherford Institute
Attorney's Counsel for the American Subcontractors Association
Attorney's Council for Florida Family Research Council
Florida Council for Construction Specifications Institute

Accomplishments
Phi Kappa Phi
Order of the Coif
R.E. Dorough Scolar, 1984-1986
Jessup International Moot Court Competition, Best Oral Advocate,
Southeast Region, 1985
American Jurisprudence Award in Bankruptcy, Recipient, 1986
Co-Author of CA-8 Expands Reporting Exemption for Church-Affiliated
Organizations, The Journal of Taxation, 1985