I understand what my clients need – not because I read it in a book, but because of real-world knowledge and experience. This allows me to provide clients with both legal and practical advice. Although most of my practice involves litigating on behalf of my clients, I also take pride in strategically “winning” without ever stepping foot into a courtroom. Most 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 and subcontractors. His practice includes full-service legal representation and consultation to his clients, including contract review, drafting and negotiations, business development strategy, collections, construction litigation, defect litigation, prosecution of lien and bond claims, local and state contractor licensing – essentially any issue his contractor clients come across. Ben also handles matters concerning water law and other environmental issues.
Mr. Lute proudly serves the construction industry and gives back wherever he can. He serves as General Counsel for various industry associations, as well as participates 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 (2021-2024) and Best Lawyers® Ones to Watch in Construction Law, Construction Litigation, and Environmental Law (2021-2024). For the last six years, he’s been awarded Legal Elite Up & Comer by Florida Trend (2019-2024), a Top Lawyer in Tampa Magazine (2018-2023), and as AV Preeminent by Martindale-Hubbell.
Education
Bar Admissions
Areas of Practice
Acknowledgements
- Florida Super Lawyers® Rising Stars, 2021-2024
- Best Lawyers® Ones to Watch in Construction Law, Environmental Law, Litigation - Construction, 2021-2024
- Florida Trend, Legal Elite Up & Comer, 2019-2024
- Tampa Magazine, Top Lawyers, 2018-2023
- Martindale-Hubbell AV Rated Preeminent
Professional Affiliations & Memberships
- The Florida Bar
- Polk County Roofing Contractors Association (PCRCA), General Counsel
- Florida Irrigation Society (FIS), General Counsel
- Florida Roofing and Sheet Metal Contractors Association (FRSA)
- West Coast Roofing Contractors Association (WCRCA), Treasurer
- Florida Refrigeration and Air Conditioning Contractors Association (FRACCA)
- Active participant and supporter of local non-profit Black Dagger Military Hunt Club, a 501(c)(3) non-profit organization that provides adaptive shooting, hunting, fishing, and other outdoor opportunities for military veterans and their families.
Related Knowledge
News
- 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. Entitlement to attorney's fees awarded. Harris v. Bentley Roofing, LLC, 377 So. 3d 139 (Fla. 4th DCA 2023).
- 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 being included 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.
- "Florida Launches "Check My Contract" Program in Wake of Hurricane-Related Insurance Claims", November 2024
- "OSHA Defense for the Construction Industry", co-author, 2016
- "How Irrigation Contractors Can Protect Themselves From the Devastating Impacts of the Novel Coronavirus", Pipeline, Vol. 17, Issue 1, 2020
- "Immigration & Irrigation: What Employers Need to Know About the Form I-9", Pipeline, Vol. 16, Issue 3, 2017
- "What Irrigation Contractors Need to Know About Medical Marijuana", Pipeline, Vol. 16, Issue 1, 2017
- "Legal Update – What You Need to Know About the Clean Water Act (CWA)", Pipeline, Vol. 15, Issue 4, 2017