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Interests!
Analyzing legal issues that
impact parties across the
construction industry.
PROPER CONSTRUCTION LICENSING IS IMPORTANT
Proper construction licensing is important. The recent spate of cases have come out harshly against the unlicensed contractor. Naturally the solution is to ensure you have the proper licenses complying with Florida law to transact your construction business PRIOR to entering into your contract.
In...
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...
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




