AGREEING ON THE ESSENTIAL TERMS OF A CONTRACT TO HAVE AN ENFORCEABLE CONTRACT
To have an enforceable contract, the parties need to agree on essential terms. This typically includes price and scope of work. A recent case demonstrates how the lack of essential terms can impact the enforceability of a contract including an
A recent case explains why termination language or a basis to withhold contract sums is important in your contract. Don’t neglect this language or the negotiation that goes into having this language. In a recent dispute, GSD Contracting, LLC v. All American Builders & Debris Removal, Inc.,...
DON’T FORGET TO INCLUDE TERMINATION LANGUAGE IN YOUR CONTRACT
PROPERLY TAKING JUDICIAL NOTICE OF FLORIDA’S BUILDING CODE
Many construction defects cases involve Florida’s Building Code. A recent non-construction case, BSREP II PBG Resort, LLC v Ginsburg, 2026 WL 265226 (Fla. 4th DCA 2026), discussed a court taking judicial notice of a provision in the Florida Building Code. This case was a...
MILLER ACT PAYMENT BOND CLAIM “NO NOs!”
A recent federal district court opinion, Sauer Construction, LLC v. United Structures of Georgia, LLC, 2026 WL 2522849 (M.D.Fla. 2026), addressed two worthy considerations when it comes to a Miller Act payment bond claim. And, when I am talking about considerations, I am really talking about "no-nos." These...
CREDIBILITY MATTERS…EVEN IN DELAY CLAIMS
Credibility matters. Here’s another example involving a delay claim on public private partnership delivery method.
The project agreement required claims to be tried by a hearing examiner. The public private partnership developer (for lack of a better term) submitted delay claims that it contended were caused by...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com