Profile
Ben focuses his practice on construction disputes as well as front-end transactional issues. He is experienced in virtually all manner of construction projects including those related to energy and infrastructure, heavy civil and rail projects, industrial manufacturing facilities, as well as commercial office buildings and multifamily housing. As project counsel, Ben works with clients to avoid formal dispute resolution when issues arise during construction. However, when necessary, he also represents clients in mediation, arbitration, or litigation. His litigation experience spans all phases of a construction dispute, from proceedings in front of dispute resolution boards and pre-suit negotiations through hearings in court and arbitration in addition to bid protests for government contracts.
Ben also advises clients on contract drafting and negotiation and is experienced in the use of both industry standard and customized agreements. Additionally, Ben provides guidance to clients throughout the industry on the myriad of licensing, advertising and other compliance issues nationwide.
Greenberg Traurig’s South Florida Real Estate Team has made an impact throughout the state. View a map of the team’s work on Miami’s skyline.
Concentrations
- Project financing
- Public-Private Partnerships (P3)
- Corporate compliance matters
Capabilities
Experience
- Represented the designer of a $330+ million Virginia highway conversion project in a dispute with the prime contractor. The representation involved both pursuing claims against and defending claims asserted by the prime contractor and was ultimately resolved with a payment to the designer.°
- Represented an EPC contractor of a $12+ billion LNG export facility in Texas in a dispute with a specialty subcontractor whose scope of work was a mission critical safety item impacting all areas of the project. The dispute involved more than $50 million in claims asserted by both parties and was ultimately resolved prior to completing costly discovery or trial.°
- Represented the owner of a $250+ million wind farm in Kansas in an arbitration dispute with the prime contractor. The project involved multiple types of turbines and significant delays resulting in millions of liquidated damages being assessed. The claims were ultimately resolved before conducting the final arbitration hearing.°
- Represented an EPC contractor in federal court litigation arising from the construction of two new nuclear power generation units in Georgia. These units were the first new nuclear power generation units to be constructed in the U.S. in more than 30 years. The contractor’s claims exceeded $1.6 billion and were ultimately settled.°
- Advised a multinational South American-based engineering and construction conglomerate in the pursuit of claims against a joint venture partner stemming from delays on a Texas highway project in excess of $1 billion.°
- Represented a multinational U.S.-based engineering and design firm in proceedings before a contractually mandated design review board against the owner of a large highway construction project. Representation involved in excess of $120 million in claims relating to delay damages, labor costs, differing site conditions, a pay-when-paid clause, and the impact of a potential default.°
- Represented a biotechnology firm in drafting and negotiation of the EPC contract for the construction of their first commercial scale ethanol production facility in the southeastern U.S. utilizing their proprietary technology.°
- Represented a specialty design firm involved in the $55 million construction of several large nuclear waste disposal tanks in obtaining a termination for convenience in South Carolina.°
- Represented an owner/developer in arbitration with its contractor concerning a $115 million resort project in Florida. Representation involved prosecuting claims relating to defective construction and design in excess of $11 million and extensive discovery in order to prove same.°
- Represented a public owner in negotiations with its contractor of contracts for the construction of more than $200 million in new student housing facilities in Georgia.°
- Advised a Taiwanese-based automotive company in obtaining U.S. government financing for the development and production of Advanced Technology Electronic Vehicles in their first U.S. facility in California.°
- Represented a foreign owner in negotiations with its contractor concerning a differing site conditions claim in excess of $5 million due to the presence of unidentified rock at an industrial manufacturing facility in Kentucky. The claim was resolved prior to commencing litigation.°
- Represented a foreign owner in negotiations with its contractor concerning a differing site conditions claim of approximately $5 million due to subsurface water migration at a large industrial manufacturing facility in California. The claim was resolved, which allowed construction of the facility to continue and avoided further delay.°
- Represented a regional engineering firm in litigation related to approximately $5 million in damages resulting from the rupture of an underground wastewater pipe during the widening of a roadway and associated bridge in Florida.°
- Represented a large general contractor in both state court litigation and AAA arbitration involving claims of approximately $5 million in damages to various project buildings due to allegedly deficient foundation and site work in Louisiana. Representation involved defending the client from the owner’s claims as well as prosecuting the client’s claims against its subcontractors.°
- Represented a specialty material supplier in both state court litigation, including appellate proceedings, and arbitration against the EPC contractor and specialty subcontractor stemming from improper installation of materials on a highway project in Florida involving more than $3 million in damages. Representation involved both prosecution of the client’s nonpayment claims, and defense of indemnity claims by the EPC contractor.°
- Represented a large general contractor in both state and federal court litigation in Florida involving in excess of $3 million in damages to a large multifamily housing project due to alleged construction defects in the roof and stucco work. Representation involved defense of the client against claims by the owner and architect as well as prosecution of the client’s claims against its subcontractors and the architect.°
- Represented a public owner in negotiations with its contractor concerning a differing site conditions claim in excess of $1 million involving the presence of previously unidentified rock under a new section of student housing. The negotiations resulted in an agreement which allowed construction to continue unhindered without commencing formal dispute resolution proceedings.°
- Represented a large manufacturer in a bid protest on procurement of specialty equipment a large municipality in Texas. Representation involved bid protest proceedings before the municipality as well as state court litigation which resulted in an appeal to the Texas Supreme Court.°
- Counseled a Fortune 50 retail and general contracting entity on licensing, insurance, asbestos, and OSHA compliance issues relating to the work performed and materials supplied by the client and its various subcontractors and suppliers on a nationwide basis. Representation involved addressing myriad issues before regulators at the federal, state and local levels in all 50 states on construction contracts ranging from $5,000 to more than $1 million in value.°
- Provided pro bono representation to a group of industrial welders from India. Representation involved prosecuting civil rights claims against the U.S. employer of these individuals in Mississippi and Texas. After litigation and settlement, the U.S. employer filed for bankruptcy.°
°The above representations were handled by Mr. Deninger prior to his joining Greenberg Traurig, P.A.
Recognition & Leadership
- Listed, The Best Lawyers in America, "Ones to Watch," Construction Law, 2025
- Listed, Super Lawyers magazine, Washington, D.C. Super Lawyers, 2022
- Listed, Super Lawyers magazine, Georgia Super Lawyers, “Rising Stars,” 2018-2020
- Team Member, a Law360 "Real Estate Practice Group of the Year," 2023
Credentials
-
LL.M., Global Energy, Environmental Law & International Arbitration, with honors, The University of Texas at Austin
- Staff Editor, Texas Environmental Law Journal
- J.D., University of Maine School of Law
- B.S., Florida State University
- Florida
- Georgia
- U.S. District Court for the Southern District of Florida
- U.S. District Court for the Middle District of Georgia