Florida Construction Bond Lawyer

Florida Construction Bond Lawyer is my blog that focuses on bond rights and lien rights.

 

As a subcontractor on a federal construction project, it is imperative you know what you need to do to perfect your Miller Act payment bond rights.    A subcontractor must prove the following four elements in a Miller Act payment … Continue reading
Author: David Adelstein
Posted: September 17, 2017, 7:43 pm
If you are furnishing a payment bond or performance bond to an owner or contractor (the obligee), whatever the case may be, then you are the principal of that bond.  Sureties, however, are not issuing bonds on your behalf out … Continue reading
Author: David Adelstein
Posted: August 31, 2017, 11:28 pm
If you record a construction lien, there is the chance the owner is going to serve you with a request for sworn statement of account.  Quite frankly, an owner should do this.  It is smart strategy and is governed by … Continue reading
Author: David Adelstein
Posted: July 30, 2017, 1:35 pm
If you are an owner, you should receive a contractor’s final payment affidavit, which you are required to receive at least 5 days before anyone you hire directly files a construction lien foreclosure lawsuit. The contractor’s final payment affidavit should identify … Continue reading
Author: David Adelstein
Posted: July 16, 2017, 9:36 pm
As a contractor (or subcontractor if a payment bond is not furnished by the contractor) you always want to make sure (1) there is a notice of commencement that was recorded for the job and (2) you are working under … Continue reading
Author: David Adelstein
Posted: July 9, 2017, 12:06 pm
Prevailing party attorney’s fees factor into many construction lien actions. A lienor wants to recoup 100% of the attorney’s fees they incurred as the “prevailing party.” If you have read this blog before, however, you know that the prevailing party … Continue reading
Author: David Adelstein
Posted: June 26, 2017, 12:16 pm
Good news for subcontractors and suppliers, or payment bond claimants on a public construction project. A new appellate case confirms your flexibility to sue a payment bond in your preferred venue irrespective of a venue provision in your subcontract. For … Continue reading
Author: David Adelstein
Posted: June 10, 2017, 10:58 am
For contractors in direct contract with the owner, the construction lien is the first step to filing a construction lien foreclosure lawsuit.  The next step is that the contractor MUST deliver a Contractor’s Final Payment Affidavit to the owner at least … Continue reading
Author: David Adelstein
Posted: May 29, 2017, 10:25 am
I get quite a few calls from owners that have a construction lien recorded against their property.  The question is always: “What do I do?”  Every situation is different and the amount of the lien sometimes dictates the most efficient … Continue reading
Author: David Adelstein
Posted: May 24, 2017, 11:39 pm
When a construction lien is recorded, it needs to be served on the owner within 15 days.   But, instead of just serving a lien, considering serving it with a Request for Sworn Statement of Account.  And, if you are … Continue reading
Author: David Adelstein
Posted: May 20, 2017, 9:50 pm