Don Niesen

Donald A. Niesen

Ph: 352-373-9031 | Fx: 352-373-9099

Professional Associations

The Florida Bar

  • Board Certified, Construction Law
  • Member, Construction Law Committee

American Bar Association

  • Construction Law Forum
  • Real Property Section

Courts and Forums

All Florida State Courts
U.S. District Court
Northern District of Florida
Middle District of Florida
Southern District of Florida

Mr. Niesen devotes his practice to construction law and complex commercial litigation. He is board certified by the Florida Bar as a specialist in construction law, and is rated AV Preeminent by Martindale-Hubbell.

Mr. Niesen earned his Bachelor of Arts degree in Political Science, Magna Cum Laude, from the University of Florida in 1980. Upon graduation, he was commissioned a Second Lieutenant in the U.S. Marine Corps, serving in California and Japan before being ordered to law school. After graduation, and admission to The Florida Bar in 1988, he served the rest of his time with the Marines as a Judge Advocate. Lieutenant Colonel Niesen retired after twenty years of active duty.

Mr. Niesen has represented owners, contractors, subcontractors and suppliers. He has extensive experience in trial, appeals, and alternative dispute resolution, including arbitration and mediation. Past matters handled include:

  • Three week jury trial ended with judgment for contractor, upheld on appeal. Final recovery = over $1.3 Million. Underground utility contractor claim for unpaid work, inefficiency, delay and extended overhead against public owner and design engineer.
  • Two week jury trial results in final judgment for subcontractor against general contractor and its payment bond surety on FDOT road project. Defeated $ 1.7 Million counterclaim by GC. Total recovery for our client included reimbursement of attorneys’ fees and costs = $1.5 Million.
  • AAA arbitration by metal fabricator of specialty flood control gates against general contractor on Port of Miami Tunnel project. Defeated $ 1.84 Million counterclaim by GC. Arbitrators’ award in favor of our client, with final payment including recovery of attorneys’ fees and costs = $ 1.45 Million.
  • Contractor’s successful arbitration against private golf course owner, including issues of disputed change orders and owner-caused delay;
  • Contractor’s construction lien on commercial fuel facility. Final judgment included recovery of all contractor’s attorney fees and costs.
  • Performance bond default declared by city, with two year, multi-party litigation. Surety and designer agreed to settlement payments on eve of jury trial. City’s recovery = $2.75 million.
  • Stucco subcontractor sued GC and payment bond surety of beachfront condo. Won two-week jury trial, defeating counter-claim for $1.5 Million. After two trials and three total appeals, over seven years, surety paid claim, plus interest, costs and fees. Total recovery = over $1.69 Million.

Additional Legal Team Members

David L. Worthy
David L. Worthy
John D. Campo
John D. Campo
Christopher W. Lewis
Christopher W. Lewis
Ashleigh E. Beatty
Ashleigh E. Beatty