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Recent Posts
IMPROPER MEANS EXCEPTION AND TORTIOUS INTERFERENCE CLAIMS
Posted on 9 July, 2023
Last week, I discussed a case (here) that involved a federal district court (trial court) denying a motion to dismiss on a negligent supervision claim.
In this same case, the plaintiff, a subcontractor/fabricator, also sued the defendants--parent company of a prime contractor and two entities the prime contractor...
NEGLIGENT INSPECTION CLAIM AGAINST SUPERVISING DESIGN PROFESSIONAL / CONSULTANT
Posted on 2 July, 2023
Can a negligence argument be created against consulting design professionals or entities that are involved in the inspection of a trade's work? The recent opinion in Bautech USA, Inc. v. Resolve Equipment, Inc., 2023 WL 4186395 (S.D.Fla. 2023) contains an interesting fact pattern that touches upon this...
VOLUNTARY PAYMENTS AFFIRMATIVE DEFENSE DOES NOT APPLY IN CONTRACT CASES
Posted on 25 June, 2023
In certain matters, there is an affirmative defense referred to as the "voluntary payments" defense. This defense states, "where one makes a payment of any sum under a claim of right with knowledge of the facts such a payment is voluntary and cannot be recovered.” Avatar Properties, Inc. v. Gundel,...
GOVERNMENT’S TERMINATION OF CONTRACTOR FOR DEFAULT FOR FAILURE-TO-MAKE PROGRESS
Posted on 18 June, 2023
Whenever you elect to terminate the other party for cause or for default, you need to JUSTIFY the basis of the cause or default. The reason being is that a termination for default or cause is the harshest contractual remedy. This is why the other party will typically...
INDIRECT BENEFIT DOES NOT SUPPORT UNJUST ENRICHMENT CLAIM AGAINST PRIME CONTRACTOR
Posted on 11 June, 2023
A recent case out of the Northern District of Florida dealing with a federal project provides an interesting discussion about a sub-subcontractor asserting a claim against the prime contractor for unjust enrichment. The prime contractor argued any benefit to it was indirect which does not support...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com
Pages
- About Me (David Adelstein)
- Bid Protests (Florida bid protests and Federal bid protests)
- Construction & Design Defects (and Florida Statutes Chapter 558)
- Construction Contracts
- Construction Liens
- Construction Safety, Workers Compensation Insurance, and Premise Liability Claims
- Delays, Acceleration, and Inefficiency (Lost Productivity)
- Insurance and Performance Bonds
- Payment Bonds Including Miller Act