NOTICE PROVISIONS IN CONTRACTS MATTER
GOVERNMENT PROCUREMENT BID PROTEST – ARBITRARY AND CAPRICIOUS REQUIREMENT
The recent decision, Gemini Tech Services, LLC v. U.S., 2025 WL 2080407 (Fed.Cl. 2025), demonstrates the (difficult) standard in protesting a government’s procurement decision, i.e., a bid protest. In this matter, a protestor pursued a post-award bid protest of a government contract to perform certain support services for...
CONSEQUENTIAL vs. DIRECT DAMAGES AND WAIVER OF CONSEQUENTIAL DAMAGES
In a recent case, a design professional tried to argue it had a “get out of jail free” costs for repair and remediation costs an owner sustained due to structural engineering errors and omissions. The “get out of jail” free card was based on a waiver...
PROVING AND DEFENDING AGAINST CONSTRUCTION DEFECT DAMAGES
Recent decisions in Florida (see here) have harshly come out against owners in construction defect cases that fail to properly measure their damages as of the date of the breach. The result has been a big "L" for owners in these cases based on an...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com
INSURANCE BROKER CAN BE LIABLE FOR OMISSION OF COVERAGE
Claims against an insurance agent / broker can be actionable in negligence. Such a claim can arise with omitted insurance. “The party seeking to establish that improperly omitted insurance coverage was available must only show that ‘the requested coverage was generally available in the insurance industry...