ELYSHA LUKEN is a Partner in the Fort Lauderdale office of Smith, Currie & Hancock LLP, and is a Board Certified Construction Attorney by the Florida Bar. Elysha specializes in representing contractors, suppliers, owners, design professionals and sureties in public and private construction disputes, including bid protests, prosecuting and defending contractor claims, drafting and negotiating contracts, construction lien and bond claims, and contractor and professional licensing. As an expert in legal matters related to construction and contracting, Elysha litigates in state and federal courts and arbitration and administrative proceedings, both at the trial level and on appeal.
Elysha has extensive experience on construction projects with state and local agencies, from procurement to subcontracts to litigation, trial and appeal. This work includes prosecuting and defending over a dozen bid protests on FDOT, municipal, and utility projects with project values up to $200 million on both hard bid and competitive selection procurements. On the owner side, Elysha has prepared ITBs and assisted public agencies in procurement and public records matters. Elysha has served as project counsel for roadway contractors on FDOT projects, including preparation of subcontracts and purchase orders; compliance matters; preparing Dispute Review Board presentations; defending and prosecuting subcontractor and supplier claims; and claims preparation and litigation.
Elysha lectures frequently on construction contract drafting; legal considerations for green building and sustainable projects; and alternative project delivery, design-build and P3. Elysha writes on construction contracts and industry topics and has contributed to several construction law manuals. Elysha received her B.A. degree from the University of Florida, and her J.D. degree, magna cum laude, from Florida State University, serving as Legislative Editor and Editorial Board member for the Florida State University Law Review. Prior to joining Smith Currie, Elysha worked as a Staff Attorney at the Florida Supreme Court and held several clerkships.
•Bid Protest - Design-Build Project in Brevard/Volusia Counties, Florida
•Bid Protest - FDOT Project in Tampa, Florida
•Bid Protest - Highway Construction in Florida
•Bid Protest - Orange County, Florida Roadway Project
•Bid Protest - Underground Utility Project in Jacksonville, Florida
•City of Jacksonville, Florida Roadway Project
•High School Project in Jackson County, Florida
•Highway Interchange in Jacksonville, Florida
•Natural Gas Pipeline Project in Pensacola, Florida
•University Parking Garage Project in Florida
Honors and Awards
Florida Construction Super Lawyers, 2016-2017
Articles & Publications
•“Employees Not Entitled to Wages for Donning and Doffing Protective Gear” Lexology, 2014
•“Florida’s Comprehensive P3 Legislation Signed into Law” Lexology, 2013
•“Florida False Claim Act Expanded” Lexology, 2013
•“Dispute Review Boards: Benefit or Burden?” Common Sense Contracting, 2007.
•“Public Payment Bond Notice Requirements,” Common Sense Contracting, 2006.
•“Concerning Claim of Lien in Florida,” Dixie Contractor, 2005.
•“Separation Does Not Preclude Arbitration,” Common Sense Contracting,2002.
•Employees Not Entitled to Wages for Donning-and-Doffing Protective Gear, Common Sense Contract Law (January 30, 2014)
•Florida's Comprehensive P3 Legislation Signed Into Law, Common Sense Contract Law (June 27, 2013)
•Florida's False Claim Act Expanded, Common Sense Contract Law (June 7, 2013)
•Public Private Partnerships in Florida, 2014
•What to Do When Construction Projects Go Bad in Florida, 2008
•AIA Contracts, 2005-2008
•Construction and Labor Law Update, 2007
•Tricks, Traps and Ploys Used in Construction Scheduling in Florida, 2006
•Florida Construction Law Seminar, 2002
•Legal Research and Writing, 2002
•Smith Currie’s 48th Annual Update Seminar - March 22-23, 2018 - Atlanta, GA
•Managing Engineering Liability and Risk - January 31, 2019 - Fort Lauderdale, FL
•Understanding and Managing the Utility and Risks of Performance Specifications on Design-Build Projects - October 12, 2017 - Orlando, FL
•Webinar: Understanding Florida Public Contracts and Procurement Regulations - December 8, 2016
•Public-Private Partnerships in Florida sponsored by Lorman - March 4, 2014 - Miami, FL
Legal Extern, Florida Second Judicial Circuit Public Defender's Office, 1998-1999
Law Clerk, Florida Second Judicial Circuit Court, 1998
Intern, Florida Senate Agriculture Committee, 1997-1998
Florida Supreme Court, Staff Attorney, 1999 - 2001
Administrative and Appellate Law