Let me
Represent YOUR
Construction
Interests!
Analyzing legal issues that
impact parties across the
construction industry.
DIFFERING SITE CONDITIONS CLAIM REQUIRES A MISREPRESENTATION
PREFATORY CONTRACT LANGUAGE CANNOT BE USED TO CREATE AN AMBIGUITY WITH OPERATIVE PROVISIONS
ANOMALY IN ADDING A THIRD-PARTY CLAIMANT TO A LIABILITY INSURANCE COVERAGE DISPUTE
In an insurance coverage lawsuit seeking declaratory relief, an insurer sued the third-party claimant. The insurer was seeking a declaration that there was no coverage, which naturally would impact the third-party claimant. The insured did not respond to the lawsuit and the insurer moved for a default judgment...
ALERT: FRAUDULENT NOTICE OF NONPAYMENT DEFENSE APPLIES TO PAYMENT BOND CLAIMS
Under Florida’s Lien Law, there’s an affirmative defense or affirmative claim known as a “fraudulent lien.” The fraudulent lien defense or claim is set out in Florida Statute s. 713.31. This defense also extends to payment bond claims, whether under a private statutory...
ONLY A CONTRACTOR CAN APPEAL A CONTRACTING OFFICER’S FINAL DECISION
A recent decision from the Civilian Board of Contract Appeals confirms that “only a ‘contractor’ may file an appeal of a contracting officer’s final decision.” Wattiker v. General Services Administration, 2026 WL 846001 (CBCA 2026) (citation omitted).
The term “contractor is not an ambiguous term. A 'contractor'...
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




