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Analyzing legal issues that
impact parties across the
construction industry.
CONSTRUCTION LIENS AND THE “SUBSTANTIAL PERFORMANCE” DOCTRINE
In a recent case dealing with a construction lien, the driving issue was whether the air conditioning contractor “substantially performed” before recording its construction lien against residential property. The importance here pertains to the substantial performance doctrine with respect to construction liens. The Third...
DEPRIVING A PERFORMANCE BOND SURETY OF COMPLETION OPTIONS WILL RESULT IN A BREACH OF THE BOND
“The purpose of a performance bond is to guarantee the completion of the contract upon default by the contract.” Arch Insurance Co. v. A3 Development, LLC, 2026 WL 632330 (S.D. Fla. 2026) (internal citations and quotations omitted).
If you are an obligee (beneficiary of a...
APPLYING JURY VERDICT METHOD IN QUANTIFYING DAMAGES DUE TO DEFECTIVE SPECIFICATIONS
In Metric Construction Co., Inc. v. U.S., 80 Fed. Cl. 178 (Fed. Cl. 2008), a contractor was contracted by...
MAKE SURE YOU UNDERSTAND WHAT TO INCLUDE AND NOT INCLUDE IN A LIEN
If you need a construction lien prepared, please work with a construction counsel in doing so. Don’t use a service that’s going to charge you less but isn’t going to analyze the information or ask you questions based on the information you provide them to include...
CONTRACT INTERPRETATION – DETERMINING WHAT THE CONTRACT REQUIRES
A good ole dispute on contract interpretation in government contracting. Contract interpretation disputes happen all the time in every jurisdiction under the sun. Think about that. Now, what’s the best way to avoid a contract interpretation dispute? Naturally, invest in the contract language and fully understand the scope...
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




