Xavier A. Franco

Partner

Tel 305-442-2214
| Fax 305-442-2291
Email xfranco@mcper.com

Overview

Xavier A. Franco, Esq. is a partner at McArdle, Pérez & Franco, P.L. Xavier is experienced in resolving complex, high-value disputes in diverse forums, including civil courts, arbitration panels and administrative proceedings.

After graduating from the University of Miami School of Law with honors, Xavier practiced at a prestigious national firm, working on high-profile matters involving construction disputes, government procurement protests and complex commercial transactions. He joined McArdle & Pérez, P.A. in 2013 to chair its litigation practice.

Prior to commencing his practice, Xavier earned several academic distinctions. A Dean’s list student, Xavier served as an associate editor for the University of Miami’s Inter-American Law Review and was awarded a Dean’s Fellowship in Civil Procedure for the University’s Academic Achievement Program. He has also authored several articles and has been published in the American Bar Association’s Procurement Lawyer.

Xavier’s practice’s is focused on the litigation of commercial, corporate, construction and real estate disputes. His common-sense approach to dispute resolution serves to forge efficient, appreciable solutions for his clients. Xavier is fluent in Spanish, and regularly represents Latin-American clients conducting business within United States.

Representative Successes
  • Represented a night club developer in an action to enforce an option to purchase valuable commercial real estate, and negotiated a settlement that resulted in the enforcement of the option and a discount of the option price;
  • Represented a developer entity, and its manager, in an action by a lender to recover tens of millions of dollars in construction financing for a condominium tower, resulting in a settlement that insulated the clients from deficiency liability;
  • Litigated a partnership dispute that resulted in a net judgment to the client;
  • Obtained early dismissal for design professional in a high-stakes, construction-defect case in the Complex Business Litigation division of the Miami-Dade Circuit Court;
  • Defended a design professional in a multi-million-dollar claim by a condominium unit owner, and negotiated a full release for a nominal, four-figure settlement payment;
  • Represented a developer in the negotiation and drafting of a guaranteed maximum price, cost-plus construction agreement;
  • Represented developer in the negotiation and drafting design-build template agreement for a multi-home development venture; and
  • Represented contractor on a public project to recover bonded payment claims, and obtained the release of substantial funds held by the U.S. Department of Labor pursuant to the Davis Bacon Related Act.
In The News

Web Articles

Publications

  • Both Sides Claim Victory in Wynwood Real Estate Dispute, Daily Business Review, April 20, 2017.
  • Fla. Attys Must Face Suit Over Fees from 1.45M Settlement, Law360, July 22, 2015.
  • A Comparative Look at a Contractor’s Right to Recover Direct Costs Versus Unabsorbed Home Office Overhead in the Event of Frustrated Early Completion, The Procurement Lawyer, Section of Public Contract Law, American Bar Association, Volume 3, Number 2, Winter 2008.