Peter S. Baumberger

Equity Partner, Executive Board Member


Peter Baumberger has extensive Federal and State Court experience in several areas of the law including construction litigation, personal injury, professional liability, and commercial/corporate disputes. In his twenty plus years of practice, Peter has litigated hundreds of cases and prevailed in jury and bench trials on behalf of a wide range of clients including developers, contractors, manufacturers, retail corporations and road contractors, in complex, high exposure construction defect, products liability and construction accident cases -- many well publicized. Peter also has significant class action litigation experience, successfully representing clients in high stakes products liability, construction defect and TCPA violation class action cases totaling well over a billion dollars in claims.

Since graduating from law school in 1997, Peter has devoted his entire career to trial work, and his representations vary from individuals to national and multinational corporations. He has tried a wide range of cases across the State of Florida. Peter’s practice of law centers on delivering thoughtful, efficient, and strategic representation to all clients with an understanding that each client's interests in any given case are unique.

Practice Areas


  • Cumberland School of Law, Samford University, Birmingham, AL (J.D., 1997)
  • Emory University, Atlanta, GA (B.A., 1994)


  • State of Florida, 1997
  • U.S. District Court, Southern District of Florida
  • U.S. District Court, Middle District of Florida

Professional Associations and Memberships

  • Kubicki Draper Construction Practice Group, Member, Former Co-Chair
  • Kubicki Draper Hospitality, Retail, and Premises Liability Practice Group, Member
  • Kubicki Draper Pre-Suit Practice Group, Member
  • American Board of Trial Advocates (ABOTA), Miami Chapter
  • Dade County Bar Association
  • Florida Bar Association
  • Coral Reef Yacht Club, Executive Director / Commodore

Certifications / Specialties

  • Certified Continuing Education Instructor, State of Florida

Special Awards and Recognitions

  • Best Lawyers, Best Lawyers in America (2022-2024)
  • Rated “AV Preeminent” by Martindale-Hubbell
  • Best Lawyers, South Florida’s Best Lawyers (2022)
  • Super Lawyers Magazine, Florida Super Lawyers (2009, 2017 - 2022)
  • South Florida Legal Guide, Top Lawyers (2013 - 2020)
  • Super Lawyers, Florida Rising Stars (2010 - 2012)
  • South Florida Legal Guide, Up and Coming Lawyers (2005 - 2012)
  • Superlawyers 
  • Best Lawyers 2024 
  • ABOTA 
  • Martindale-Hubbell 

Speaking Engagements / Presentations

  • "Alternative Dispute Resolutions: Non-Binding Arbitration and Mediation," Kubicki Draper Webinar, 2023
  • "Workers' Compensation Immunity Available Under Florida’s Worker Compensation Law in Florida’s Construction Industry," Kubicki Draper Webinar, 2023
  • "Litigating Construction Accidents: Tactics to Combat Trends," Kubicki Draper Webinar, 2022
  • "Florida 4-Hour Law and Ethics Update," Kubicki Draper Webinar, 2022
  • "Anatomy of a Lawsuit and Restaurant & Fast Food Liability," James River, 2022
  • "Controlling Expert Costs in Construction Related Cases," Kubicki Draper Construction Conference, 2022
  • "Considerations in Defending Contractors Involved in Public Projects," Kubicki Draper Construction Conference, 2022
  • "Knew or Should Have Known: Slippery Substances & Falling Objects," James River, 2022
  • "Alcohol, Cell Phones and The Law," James River, 2022
  • "Post-Trial Motions and Dispositive Motions," Frontline, 2022
  • "Combating Fraudulent and/or Excessive Attorneys Fee Demands," Frontline, 2022
  • "Reducing Legal Risks and Costs," American Society of Civil Engineers Conference, 2022
  • "Early Construction Case Resolution - Is it Possible," Kubicki Draper Webinar, 2022
  • "Florida 4-Hour Law and Ethics Update," Kubicki Draper Webinar, 2022
  • "Identifying and Defending Against Reptilian Tactics," Kubicki Draper Webinar, 2021
  • "Attractive Nuisances, Swimming Pool Liability, and Open and Obvious Conditions," James River, 2021
  • "Dram Shop Law and Alcohol Vendor Liability," James River, 2021
  • "Effective Construction Defect Case Resolution," Kubicki Draper Construction Conference, 2021
  • "Construction Accident Litigation: Pitfalls, Perils and Litigation," James River, 2021
  • "Litigating Construction Roadway Claims," Kubicki Draper Webinar, 2021
  • "Collateral Sources, Set Offs and Liens," Kubicki Draper Webinar, 2021 
  • "Coverage Considerations in Construction Defect Claim," James River, 2021
  • "Early Case Resolution," Kubicki Draper Webinar, 2020
  • "Construction Accident Litigation: Pitfalls, Perils, and Trends in the Southeast," CLM, 2020
  • "Traumatic Brain Injury," FCCI, 2020
  • "Experts in Construction Related Cases," Kubicki Draper Webinar, 2020
  • "Early Case Resolution," AIG, 2020
  • "Catastrophic Claims Handling," NARS, 2020
  • “COVID-19 Claims Will Be Contagious: What’s to Come for the Hospitality Industry?” Kubicki Draper Webinar, 2020
  • "Discovery of Electronically Stored Information," Kubicki Draper Webinar, 2020
  • "Florida 5-Hour Law and Ethics Update," Kubicki Draper Webinar, 2020
  • "Florida 5-Hour Law and Ethics Update," James River, 2020
  • "Florida’s Good Faith, Bad Faith and How to Avoid the Ugly in Claims Handling," RLI Insurance, 2020
  • "Taking the Fraud Out of the Public Adjuster’s Estimate," Frontline, 2019
  • "Daubert vs. Frye," GEICO, 2019
  • "Coverage and Litigation Trends with Additional Insureds in the Southeast," CLM, 2019
  • "Florida 5-Hour Law and Ethics Update," GEICO, 2019
  • "Construction Indemnity Contracts and Florida Statute 725.06" and "Construction Project Policies," FCCI, 2018
  • "Early Case Resolution," Farmers, 2018
  • "Florida 5-Hour Law and Ethics Update," FCCI, 2018
  • "Transferring Risk in Construction Defect Cases" and "Construction Defect: Arbitration Tips and Strategies," FCCI, 2018
  • "Construction Indemnity Contracts & Florida Statute 725.06" and "Chapter 558: Purpose, Procedures, Effectiveness and The Altman Decision," Mid-Continent, 2018
  • "Fire Origin Cause Basics" and " How to Handle Wind and Water Damage Claims," Frontline, 2018
  • "Subcontractor Involvement and Trying Cases with Risk of an Excess Verdict," CHUBB, 2017
  • "Subcontractor Involvement," Mid-Continent, 2016
  • "Florida 5-Hour Law and Ethics Update," FCCI, 2016
  • "Transferring Risk in Construction Defect Cases," FIGA, 2015
  • "The Key Ingredients for a Proper Assessment, Strong Defense and Favorable Resolution of a Construction Defect Case," Mid-Continent, 2015
  • "Transferring Risk in Construction Defect Cases," Amerisure, 2014
  • "Florida 5 - Hour Law and Ethics Update," FCCI, 2014
  • "Florida 5 - Hour Law and Ethics Update," Farmers, 2014
  • "Ethics for the Claims Professional, Florida Uninsured and Underinsured Motorist Law and Set Offs," Farmers 2014
  • "Bad Faith Hot Topics 2014," Windhaven, 2014
  • "Set Offs in Personal Injury Cases," Amerisure, 2014
  • "Transferring Risk in Construction Defect Cases," Travelers, 2013
  • "Set Offs in Personal Injury Cases," GEICO, 2013
  • "Spreading the Misery: Indemnity Clauses in Construction Contracts and Lease Agreements," Amerisure, 2013
  • "Ethics for the Claims Professional," Windhaven, 2013
  • "Construction Defects Update," Westfield, 2013
  • "Subrogation," BUPA Latin America, 2012
  • "Coverage/Settling Aside Default and Products Liability," Kubicki Draper Claims Management Conference, 2010
  • "Bad Faith Avoidance Strategies & Premises Overview," Kubicki Draper Claims Management Conference, 2009

Published Works


Representative Cases

  • Ten year representation of the developer of one of the country’s most exclusive condominium developments.
  • Representation of contractors in multiple high profile construction accidents including the Florida International University (“FIU”) bridge collapse.
  • Obtained a denial of class certification in a 30 million dollar claim involving allegedly failed septic tanks installed in every county in the State of Florida, which is now a published opinion.
  • Successfully defended over 500 million dollars in Telephone Consumer Protection Act (“TCPA”) class action claims.
  • Representation of numerous companies and individuals in well-publicized airline and marine accident litigation.
  • Multiple published case decisions and jury verdicts on Westlaw
  • Overview
  • Practice Areas
  • Credentials
  • Presentations
  • Authorships
  • Experience



Miami Office

9100 South Dadeland Blvd., Suite 1800
Miami, FL 33156

T: 305.374.1212 F: 305.374.7846

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Key West

Key West Office

402 Applerouth Lane, Suite 2C
Key West, FL 33040

T: 305.509.7300 F: 305.374.7846

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Ft. Lauderdale

Ft. Lauderdale Office

110 East Broward Blvd., Suite 1400
Fort Lauderdale, FL 33301

T: 954.768.0011 F: 954.768.0514

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West Palm Beach

West Palm Beach Office

1700 Palm Beach Lakes Blvd., Suite 800
West Palm Beach, FL 33401

T: 561.640.0303 F: 561.640.0524

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Indian River | Martin | Okeechobee | Palm Beach | Saint Lucie


Tampa Office

400 North Ashley Drive, Suite 1200
Tampa, FL 33602

T: 813.204.9776 F: 813.204.9660

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Hernando | Hillsborough | Manatee | Pasco | Pinellas | Polk | Sarasota

Orlando Office

201 South Orange Avenue, Suite 475
Orlando, FL 32801

T: 407.245.3630 F: 407.245.7685

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Brevard | Highlands | Orange | Osceola | Seminole

Ocala Office

1396 NE 20th Avenue, #500
Ocala, FL 34470

T: 352.622.4222 F: 352.622.9122

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Alachua | Citrus | Dixie | Gilchrist | Lake | Levy | Marion | Putnam | Sumter | Volusia

Jacksonville Office

1 Independent Drive, Suite 1601
Jacksonville, FL 32202

T: 904.396.0062 F: 904.396.0380

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Baker | Bradford | Clay | Columbia | Duval | Flagler | Hamilton | Nassau | Saint Johns | Union

Pensacola Office

125 West Romana Street, Suite 550
Pensacola, FL 32502

T: 850.434.0003 F: 850.434.0223

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Escambia | Holmes | Okaloosa | Santa Rosa | Walton


Tallahassee Office

1705 Metropolitan Boulevard, Suite 202
Tallahassee, FL 32308

T: 850.222.5188 F: 850.222.5108

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Bay | Calhoun | Franklin | Gadsden | Gulf | Jackson | Jefferson | Leon | Liberty | Wakulla | Washington | Madison | Lafayette | Taylor 

Ft. Myers

Ft. Myers Office

13350 Metro Parkway, Suite 201
Fort Myers, FL 33966

T: 239.334.8403 F: 239.939.0700

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Charlotte | Collier | DeSoto | Glades | Hardee | Hendry | Lee


Mobile Office

11 North Water Street, Suite 10290
Mobile, AL 36602

T: 251.308.3351 F: 251.287.1624

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Baldwin | Washington | Clarke | Escambia | Covington | Geneva | Houston | Henry |  Dale | Coffee | Barbour | Pike |Crenshaw | Butler  | Monroe | Clarke | Choctaw | Wilcox | Bullock | Russell

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Our Firm

our hi(story)

In 1963, Gene Kubicki founded the firm based on dedication to excellence. The same high standards have been maintained for over five decades -- years which have seen the firm’s ranks swell to over 200 attorneys.


Our team knows return clients are the life blood of any law firm and this is why we ensure client satisfaction by an exacting attention to service and quality.  Client service coupled with a spectacular work ethic, makes our team hard to beat.

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Kubicki Draper is committed to fostering an environment of equal opportunity for success and believes diversity is not only a moral imperative, but is also sound business practice.

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In response to the growing needs of its clients, the firm began expanding in the early 1980's and today is a diverse full-service law firm providing trial, appellate, coverage, commercial and real estate transaction services.

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Kubicki Draper enjoys a national reputation for expertise in the handling of complex, high stakes litigation matters, as well as, appellate, general commercial and real estate practice.

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With a dozen offices throughout the State of Florida and other key points in the southern parts of Georgia, Alabama, and Mississipi, our firm is familiar to every venue statewide and will never get home-teamed.

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