Archive

DO YOU HAVE A FLORIDA’S DECEPTIVE AND UNFAIR TRADE PRACTICES ACT CLAIM January 18, 2020 by David Adelstein Filed as: Florida Deceptive and Unfair Trade Practices Act

DEMONSTRATING A FRAUDULENT INDUCEMENT CLAIM OR DEFENSE January 12, 2020 by David Adelstein Filed as: fraud

ENFORCEMENT OF CONTRACTUAL TERMS (E.G., FLOW-DOWN, FIELD VERIFICATION, SHOP DRAWING APPROVAL, AND NO-DAMAGE-FOR-DELAY PROVISIONS) January 4, 2020 by David Adelstein Filed as: Contract Drafting

MUTUAL OR CONCURRENT DELAY CAUSED BY SUBCONTRACTORS January 1, 2020 by David Adelstein Filed as: Delay Damages

YOU CANNOT ARBITRATE CLAIMS NOT COVERED BY THE ARBITRATION AGREEMENT December 21, 2019 by David Adelstein Filed as: Arbitration

YOUR BAD FAITH JURY INSTRUCTION AGAINST AN INSURER IS IMPORTANT December 13, 2019 by David Adelstein Filed as: Insurance

CONSIDER MANNER IN WHICH LOAN AGREEMENT (PROMISSORY NOTE) IS DRAFTED December 8, 2019 by David Adelstein Filed as: promissory note

QUICK NOTE: ESCROW AGENT OWES FIDUCIARY DUTY TO PARTIES TO ESCROW AGREEMENT December 1, 2019 by David Adelstein Filed as: escrow agent

CIRCUMSTANCES IN WHICH DESIGN PROFESSIONAL HAS CONSTRUCTION LIEN RIGHTS November 28, 2019 by David Adelstein Filed as: Lien

IS THE ENFORCEABILITY OF A NO-DAMAGE-FOR-DELAY PROVISION INAPPROPRIATE FOR SUMMARY JUDGMENT November 24, 2019 by David Adelstein Filed as: Delay Damages

APPRECIATE THE RISKS YOU ARE ASSUMING IN YOUR CONTRACT November 16, 2019 by David Adelstein Filed as: exculpatory provision

FILLING OUT THE CONTRACTOR’S FINAL PAYMENT AFFIDAVIT November 9, 2019 by David Adelstein Filed as: Lien

INSURER’S DUTY TO INDEMNIFY NOT RIPE UNTIL UNDERLYING LAWSUIT AGAINST INSURED RESOLVED November 3, 2019 by David Adelstein Filed as: Insurance

SERVING NOTICE OF NONPAYMENT UNDER MILLER ACT October 27, 2019 by David Adelstein Filed as: Miller Act, payment bond

DELAYS CAUSED WHEN GOVERNMENT (OWNER) PUSHES CONTRACTOR’S WORK INTO RAINY / ADVERSE WEATHER SEASON October 12, 2019 by David Adelstein Filed as: Delay Damages

PERFORMANCE BOND SURETY TAKEOVER – USING TERMINATED CONTRACTOR TO COMPLETE THE WORK October 5, 2019 by David Adelstein Filed as: performance bond

CONSTRUCTION LIEN DOES NOT INCLUDE LATE FEES SEPARATE FROM INTEREST September 28, 2019 by David Adelstein Filed as: Lien

GOOD-TO-KNOW POINTS REGARDING (I) MILLER ACT PAYMENT BONDS AND (II) PAYMENT BOND SURETY COMPELLING ARBITRATION September 22, 2019 by David Adelstein Filed as: Miller Act, payment bond

PROVING IMPACTS TO CRITICAL PATH TO DEFEAT LIQUIDATED DAMAGES ASSESSMENT September 15, 2019 by David Adelstein Filed as: Delay Damages

GENERAL CONTRACTOR SUPPORTING A SUBCONTRACTOR’S CHANGE ORDER ONLY FOR OWNER TO REJECT THE CHANGE September 8, 2019 by David Adelstein Filed as: Changes / Change Orders, Contract Drafting

STATUTORY CHANGE TO NOTICES OF NONPAYMENT TO PRESERVE RIGHTS UNDER PAYMENT BOND September 3, 2019 by David Adelstein Filed as: payment bond

VENUE FOR MILLER ACT PAYMENT BOND WHEN PROJECT IS OUTSIDE OF US September 1, 2019 by David Adelstein Filed as: Miller Act, Venue

CONSIDER THE RISKS ASSOCIATED WITH AN EXCULPATORY CLAUSE August 25, 2019 by David Adelstein Filed as: Uncategorized

GUESSING AS TO YOUR CONSTRUCTION DAMAGES IS NOT THE BEST APPROACH August 24, 2019 by David Adelstein Filed as: Damages

TEN-YEAR STATUTE OF REPOSE TO SUE FOR LATENT CONSTRUCTION DEFECTS August 18, 2019 by David Adelstein Filed as: Construction Defects

CLAIMS MADE INSURANCE POLICIES August 11, 2019 by David Adelstein Filed as: Insurance

EQUITABLE DOCTRINE OF ESTOPPEL CAN DEFEAT ARGUMENT FOUNDED ON LEGAL TECHNICALITY August 5, 2019 by David Adelstein Filed as: estoppel

SUBSEQUENT PURCHASER OF HOME COMPELLED TO ARBITRATION BASED ON COVENANT RUNNING WITH THE LAND August 5, 2019 by David Adelstein Filed as: Arbitration

QUICK NOTE: “EFFECTIVE” NOTICE OF COMMENCEMENT August 5, 2019 by David Adelstein Filed as: Lien, Quick Note

QUICK NOTE: 4 ELEMENTS OF MILLER ACT PAYMENT BOND CLAIM August 5, 2019 by David Adelstein Filed as: Miller Act

JUDICIAL REVIEW OF FINAL AGENCY ACTION ARISING FROM BID PROTEST August 5, 2019 by David Adelstein Filed as: Public Procurement

DOES HORIZONTAL WORKERS COMPENSATION IMMUNITY APPLY? August 5, 2019 by David Adelstein Filed as: horizontal immunity, workers compensation

ATTORNEY’S FEES FOR LITIGATING THE AMOUNT OF ATTORNEY’S FEES July 5, 2019 by David Adelstein Filed as: attorneys fees

Release Language Extended to Successor Entity But Only Covered “Known” Claims July 5, 2019 by David Adelstein Filed as: Uncategorized

Release of “Unknown” Claim Does Not Bar Release of “Unaccrued” Claim: Fair or Unfair? July 5, 2019 by David Adelstein Filed as: Releases

Consequential Damages can be Recovered Against Insurer in Breach of Contract July 5, 2019 by David Adelstein Filed as: Damages, Insurance

INTERPRETING THE LANGUAGE IN AN INSURANCE POLICY July 4, 2019 by David Adelstein Filed as: Insurance

DID THE INSURED FORFEIT PROPERTY INSURANCE COVERAGE BY FAILING TO COMPLY WITH POST-LOSS POLICY OBLIGATIONS? June 30, 2019 by David Adelstein Filed as: Insurance

QUICK NOTE: TIMELY RECORDING CONSTRUCTION LIEN June 24, 2019 by David Adelstein Filed as: Lien

“LABOR” THAT CAN BE PURSUED AGAINST A MILLER ACT PAYMENT BOND June 23, 2019 by David Adelstein Filed as: Miller Act

QUICK NOTE: A CONSTRUCTION LIEN IS NOT INTENDED TO LAST INDEFINITELY June 16, 2019 by David Adelstein Filed as: Lien

LUMP SUM SUBCONTRACT? PERHAPS NOT. June 15, 2019 by David Adelstein Filed as: Contract Drafting

QUICK NOTE: NOT IN CONTRACT WITH THE OWNER? SERVE A NOTICE TO OWNER. June 9, 2019 by David Adelstein Filed as: Lien, specially fabricated materials

RELEASE LANGUAGE EXTENDED TO SUCCESSOR ENTITY BUT ONLY COVERED “KNOWN” CLAIMS June 8, 2019 by David Adelstein Filed as: Construction Defects, Releases

QUICK NOTE: DON’T FORGET TO SERVE THE CONTRACTOR FINAL PAYMENT AFFIDAVIT June 2, 2019 by David Adelstein Filed as: Lien

CONSEQUENTIAL DAMAGES CAN BE RECOVERED AGAINST INSURER IN BREACH OF CONTRACT June 1, 2019 by David Adelstein Filed as: Damages, Insurance

RELEASE OF “UNKNOWN” CLAIM DOES NOT BAR RELEASE OF “UNACCRUED” CLAIM: FAIR OR UNFAIR? May 27, 2019 by David Adelstein Filed as: Uncategorized

QUICK NOTE: CONTRACTOR’S STATUTORY BASIS TO RECOVER ATTORNEY’S FEES AGAINST PERFORMANCE BOND May 24, 2019 by David Adelstein Filed as: performance bond

QUICK NOTE: …BACK TO THE DAUBERT STANDARD FOR EXPERT TESTIMONY May 24, 2019 by David Adelstein Filed as: Expert witnesses

QUICK NOTE: REMEMBER TO TIMELY FORECLOSE LIEN AGAINST LIEN TRANSFER BOND May 19, 2019 by David Adelstein Filed as: Lien

QUICK NOTE: THIRD-PARTY CAN BRING COMMON LAW BAD FAITH CLAIM May 18, 2019 by David Adelstein Filed as: Insurance

INSURER’S CONFESSION OF JUDGMENT THROUGH POST-LAWSUIT PAYMENT May 11, 2019 by David Adelstein Filed as: Insurance

QUICK NOTE: INDEPENDENT THIRD-PARTY SPOLIATION OF EVIDENCE CLAIM May 4, 2019 by David Adelstein Filed as: Spoliation of Evidence / Document Management

LIABILITY INSURER’S DUTY TO DEFEND INSURED IS BROADER THAN ITS DUTY TO INDEMNIFY May 3, 2019 by David Adelstein Filed as: Insurance

INSURED UNDER PROPERTY INSURANCE POLICY SHOULD COMPLY WITH POST-LOSS POLICY CONDITIONS April 29, 2019 by David Adelstein Filed as: Insurance

QUICK NOTE: YES, YOU CAN WAIVE THE RIGHT TO ARBITRATE April 28, 2019 by David Adelstein Filed as: Arbitration

EBOOK: DELAY! THE PROJECT IS LATE – WHAT DO YOU DO, WHO IS AT FAULT, AND HOW DO YOU ALLOCATE THE DELAY? April 27, 2019 by David Adelstein Filed as: Delay Damages

QUICK NOTE: LIS PENDENS BOND WHEN LIS PENDENS NOT FOUNDED ON RECORDED INSTRUMENT OR STATUTE April 17, 2019 by David Adelstein Filed as: lis pendens

ARBITRATION PROVISIONS ARE CHALLENGING TO CIRCUMVENT April 13, 2019 by David Adelstein Filed as: Arbitration

ATTORNEY’S FEES ENTITLEMENT AND APPLICATION UNDER SUBCONTRACT DEAULT PROVISION April 10, 2019 by David Adelstein Filed as: attorneys fees

DESIGN PROFESSIONAL ASSERTING COPYRIGHT INFRINGEMENT AND CONTRIBUTORY COPYRIGHT INFRINGEMENT April 7, 2019 by David Adelstein Filed as: copyright infringement

60-DAY CLOCK FOR STATUTORY BAD FAITH “CURE PERIOD” STARTS WHEN CIVIL REMEDY NOTICE ELECTRONICALLY FILED March 26, 2019 by David Adelstein Filed as: Insurance

PROPERTY INSURER INVOKING APPRAISAL UNDER PROPERTY INSURANCE POLICY February 24, 2019 by David Adelstein Filed as: Insurance

DEFERENCE GIVEN TO PROCURING PUBLIC AGENCY REGARDING MATERIAL DEVIATION February 16, 2019 by David Adelstein Filed as: Public Procurement

CGL INSURER’S DUTY TO DEFEND BROADER THAN DUTY TO INDEMNIFY AND BASED ON ALLEGATIONS IN UNDERLYING COMPLAINT February 9, 2019 by David Adelstein Filed as: Insurance

APPLICATION OF FRYE TEST TO DETERMINE ADMISSIBILITY OF EXPERT February 2, 2019 by David Adelstein Filed as: Expert witnesses

PAROL EVIDENCE CAN BE USED TO DEFEAT FRAUDULENT LIEN January 27, 2019 by David Adelstein Filed as: Lien

SUPREME COURT HOLDS ARBITRATOR CAN FULLY DECIDE THRESHOLD ARBITRABILITY ISSUE January 19, 2019 by David Adelstein Filed as: Arbitration

DRAFTING A CONTRACTUAL ARBITRATION PROVISION December 24, 2018 by David Adelstein Filed as: Arbitration

BAILOUT FOR AN IMPROPERLY DRAFTED INDEMNIFICATION PROVISION December 22, 2018 by David Adelstein Filed as: Indemnification

EXISTENCE OF “DUTY” IN NEGLIGENCE ACTION IS QUESTION OF LAW December 18, 2018 by David Adelstein Filed as: Negligence

AN EXPERT’S QUALIFICATIONS ARE IMPORTANT December 15, 2018 by David Adelstein Filed as: Expert witnesses

PROVIDING “LABOR” UNDER THE MILLER ACT December 9, 2018 by David Adelstein Filed as: Miller Act, payment bond

CONTRACTUAL WAIVER OF CONSEQUENTIAL DAMAGES December 1, 2018 by David Adelstein Filed as: Damages

QUICK NOTE: EXPERT TESTIMONY – BACK TO THE FRYE TEST IN FLORIDA November 22, 2018 by David Adelstein Filed as: Expert witnesses

CGL POLICY COVERING ATTORNEY’S FEES IN PROPERTY DAMAGE CLAIMS November 17, 2018 by David Adelstein Filed as: attorneys fees, Insurance

OWNERS BOUND BY ARBITRATION CLAUSE ON ROOFING SHINGLES PACKAGING November 11, 2018 by David Adelstein Filed as: Arbitration

INDEMNIFICATION PROVISIONS DO NOT CREATE RECIPROCAL ATTORNEY’S FEES PROVISIONS November 3, 2018 by David Adelstein Filed as: attorneys fees, performance bond

INSURER’S “FAILURE TO COOPERATE” DEFENSE October 26, 2018 by David Adelstein Filed as: Insurance

QUICK NOTE: UNENFORCEABLE LANGUAGE IN ARBITRATION PROVISION October 19, 2018 by David Adelstein Filed as: Arbitration

SERVING THE 558 NOTICE OF CONSTRUCTION DEFECT LETTER IN LIGHT OF THE STATUTE OF REPOSE October 13, 2018 by David Adelstein Filed as: Construction Defects, statute of limitations

NOTE ON FIRST-PARTY AND THIRD-PARTY SPOLIATION OF EVIDENCE CLAIMS October 7, 2018 by David Adelstein Filed as: Spoliation of Evidence / Document Management

TERMINATING NOTICE OF COMMENCEMENT WITHOUT CONTRACTOR’S FINAL PAYMENT AFFIDAVIT September 29, 2018 by David Adelstein Filed as: Lien

ECONOMIC DAMAGES CANNOT BE BASED ON SPECULATION September 22, 2018 by David Adelstein Filed as: Damages

FLORIDA SUPREME COURT’S APPLICATION OF INSURANCE BAD FAITH IN THIRD-PARTY CONTEXT September 21, 2018 by David Adelstein Filed as: Insurance

QUICK NOTE: MITIGATION OF DAMAGES IN CONTRACT CASES September 14, 2018 by David Adelstein Filed as: Damages

CONTRACTOR WALKS OFF JOB. WHAT ARE THE OWNER’S DAMAGES? September 14, 2018 by David Adelstein Filed as: Damages

ASSIGNMENT OF BENEFITS PROVISION IN HOMEOWNER’S POLICY IS ENFORCEABLE September 7, 2018 by David Adelstein Filed as: Assignments, Insurance

LIABILITY INSURER PRECLUDED FROM INTERVENING IN INSURED’S LAWSUIT August 31, 2018 by David Adelstein Filed as: Insurance

THE CONTINGENCY FEE MULTIPLIER (FOR INSURANCE COVERAGE DISPUTES) August 25, 2018 by David Adelstein Filed as: Uncategorized

MEASURE OF DAMAGES IN NEGLIGENT PROCUREMENT OF SURETY BONDS / INSURANCE August 19, 2018 by David Adelstein Filed as: Insurance, Negligence

CGL POLICIES AND THE PROFESSIONAL LIABILITIES EXCLUSION August 11, 2018 by David Adelstein Filed as: Insurance

SUBCONTRACT REQUIRING ARBITRATION OUTSIDE OF FLORIDA July 21, 2018 by David Adelstein Filed as: Arbitration

INSURANCE FOR LARGE CONSTRUCTION EQUIPMENT SUCH AS A CRANE July 13, 2018 by David Adelstein Filed as: Insurance

PRE-SUIT SETTLEMENT OFFERS AND CONSTRUCTION LIEN ACTIONS July 3, 2018 by David Adelstein Filed as: attorneys fees, Lien

PROPERTY INSURANCE EXCLUSION: LEAKAGE OF WATER OVER 14 DAYS OR MORE June 29, 2018 by David Adelstein Filed as: Insurance

GENERAL CONTRACTOR’S ABILITY TO SUPPLEMENT SUBCONTRACTOR PER SUBCONTRACT June 23, 2018 by David Adelstein Filed as: Contract Drafting

WORKERS COMPENSATION IMMUNITY AND THE INTENTIONAL TORT EXCEPTION June 16, 2018 by David Adelstein Filed as: Insurance

SLAVIN DOCTRINE AND DEFENSE FROM PATENT DEFECTS June 10, 2018 by David Adelstein Filed as: Construction Defects

SOMETIMES, BEING TOO CUTE WITH PLEADING ALLEGATIONS IS UNNECESSARY June 2, 2018 by David Adelstein Filed as: Miller Act

CONSTRUCTIVE CHANGE DIRECTIVES / DIRECTED CHANGES May 28, 2018 by David Adelstein Filed as: Changes / Change Orders

TYPE I DIFFERING SITE CONDITIONS CLAIM IS NOT EASY TO PROVE May 19, 2018 by David Adelstein Filed as: differing site conditions

EXCULPATORY PROVISIONS IN BUSINESS CONTRACTS May 13, 2018 by David Adelstein Filed as: Contract Drafting

RECEIVING A $0 VERDICT AND STILL BEING DEEMED THE PREVAILING PARTY FOR PURPOSES OF ATTORNEY’S FEES May 12, 2018 by David Adelstein Filed as: attorneys fees

UPDATE: DOES FLORIDA STATUTE s. 725.06 APPLY TO (HORIZONTAL) UTILITY CONTRACTS? May 6, 2018 by David Adelstein Filed as: Indemnification

UNDERTAKER’S DOCTRINE IN NEGLIGENCE CLAIMS — NO GOOD DEED GOES UNPUNISHED? May 4, 2018 by David Adelstein Filed as: Negligence

WHAT IS THE FALSE CLAIMS ACT? WHAT IS A QUI TAM ACTION? WHAT IS A RELATOR’S PURPOSE? April 28, 2018 by David Adelstein Filed as: 31 USC 3730, False Claims Act

THERE ARE TIMES AN EQUITABLE SUBROGATION CLAIM IS THE MOST PRACTICAL RECOURSE FOR REIMBURSEMENT April 22, 2018 by David Adelstein Filed as: Indemnification, Negligence, Subrogation

SUING A PUBLIC ENTITY FOR NEGLIGENT MISREPRESENTATION …NOT SO FAST April 14, 2018 by David Adelstein Filed as: Negligence

REPAIRING ONE’S OWN WORK AND THE ONE YEAR STATUTE OF LIMITATIONS TO SUE A MILLER ACT PAYMENT BOND April 9, 2018 by David Adelstein Filed as: Miller Act, payment bond

COMPETING EXPERT WITNESSES IN AN INSURANCE COVERAGE DISPUTE April 2, 2018 by David Adelstein Filed as: Expert witnesses, Insurance

STATUTORY BAD FAITH AND AN INSURED’S 60-DAY NOTICE TO CURE March 30, 2018 by David Adelstein Filed as: Uncategorized

ACCOUNT FOR THE IMPOSITION OF MATERIAL TARIFFS IN YOUR CONSTRUCTION CONTRACT March 28, 2018 by David Adelstein Filed as: Contract Drafting

SETTLING WITH SOME, BUT NOT ALL, OF THE DEFENDANTS IN A CONSTRUCTION DEFECT CASE March 25, 2018 by David Adelstein Filed as: Construction Defects

CONSTRUCTION LIEN NEEDS TO BE RECORDED WITHIN 90 DAYS FROM LIENOR’S FINAL FURNISHING March 18, 2018 by David Adelstein Filed as: Lien

NEGLIGENCE AGAINST A CONSTRUCTION MANAGER-AGENT March 9, 2018 by David Adelstein Filed as: Negligence

PROPERTY INSURANCE EXCLUSION FOR CONSTANT OR REPEATED LEAKAGE OF WATER March 1, 2018 by David Adelstein Filed as: Insurance

YOU DON’T HAVE TO BE A CONSUMER TO ASSERT A FDUTPA CLAIM February 17, 2018 by David Adelstein Filed as: Florida Deceptive and Unfair Trade Practices Act

CONTRACTORS: CONSULT YOUR INSURANCE BROKER REGARDING YOUR CGL POLICY February 10, 2018 by David Adelstein Filed as: Insurance

THE INDEMNIFICATION LIMITATION IN SECTION 725.06 DOES NOT APPLY TO UTILITY / HORIZONTAL-TYPE PROJECTS February 2, 2018 by David Adelstein Filed as: Indemnification

DOCTRINE OF AVOIDABLE CONSEQUENCES AS AFFIRMATIVE DEFENSE January 27, 2018 by David Adelstein Filed as: Damages

BURDEN OF PROOF UNDER ALL-RISK PROPERTY INSURANCE POLICY January 22, 2018 by David Adelstein Filed as: Insurance

QUICK NOTE: NOTICE OF CONTEST OF CLAIM AGAINST PAYMENT BOND January 21, 2018 by David Adelstein Filed as: payment bond

JUST BECAUSE YOU LABEL IT A “TRADE SECRET” DOES NOT MAKE IT A “TRADE SECRET” January 12, 2018 by David Adelstein Filed as: trade secret

DOES ARBITRATION APPLY TO CONTEMPORANEOUSLY EXECUTED CONTRACTS (WHEN ONE OF THE CONTRACTS DOES NOT HAVE AN ARBITRATION PROVISION)? January 6, 2018 by David Adelstein Filed as: Arbitration

HIRING SUBCONTRACTORS WITH WORKERS COMPENSATION INSURANCE December 30, 2017 by David Adelstein Filed as: Insurance, safety

BAD FAITH IN THE CONTEXT OF PROPERTY INSURANCE CLAIMS (WEBINAR) December 16, 2017 by David Adelstein Filed as: Insurance, Uncategorized

CGL INSURER’S DUTY TO DEFEND INSURED DURING PRE-SUIT 558 PROCESS: MAYBE? December 14, 2017 by David Adelstein Filed as: Uncategorized

FIVE-YEAR STATUTE OF LIMITATIONS ON PERFORMANCE-TYPE SURETY BONDS November 30, 2017 by David Adelstein Filed as: performance bond

GENERAL CONTRACTOR’S PROFESSIONAL MALPRACTICE / NEGLIGENCE CLAIM AGAINST DESIGN PROFESSIONAL November 23, 2017 by David Adelstein Filed as: Negligence

POWER OF WORKERS COMPENSATION IMMUNITY ON CONSTRUCTION PROJECT November 17, 2017 by David Adelstein Filed as: Insurance

ARE YOU A CONSTRUCTION LIENOR? November 11, 2017 by David Adelstein Filed as: Lien

HOW DOES YOUR CONSTRUCTION CONTRACT TREAT FLOAT November 5, 2017 by David Adelstein Filed as: Delay Damages

QUICK NOTE: INSURER’S DENIAL OF COVERAGE WAIVES RIGHT TO ENFORCE POST-LOSS POLICY CONDITIONS October 29, 2017 by David Adelstein Filed as: Insurance

RECOMMENCING CONSTRUCTION ON A PROJECT DUE TO A CESSATION OR ABANDONMENT October 21, 2017 by David Adelstein Filed as: Lien

THERE CAN BE AN “OTHER INSURANCE” EXCLUSION IN YOUR AUTOMOBILE POLICY October 15, 2017 by David Adelstein Filed as: Insurance

DON’T WAIVE YOUR RIGHT TO ARBITRATE (UNLESS YOU WANT TO!) October 14, 2017 by David Adelstein Filed as: Arbitration

INTERIOR DESIGNER LICENSURE September 30, 2017 by David Adelstein Filed as: Licensing

NEGLIGENCE OF PROPERTY APPRAISER September 27, 2017 by David Adelstein Filed as: Negligence

PROTECTING THE INTEGRITY OF REFERRAL SOURCES UNDER FLORIDA STATUTE s. 542.335 September 24, 2017 by David Adelstein Filed as: injunctions

FEDERAL INTERPLEADER DEALING WITH COMPETING CLAIMS OVER UNDISPUTED PAYABLE TO SUBCONTRACTOR September 23, 2017 by David Adelstein Filed as: interpleader

CONTRACTORS: REVISIT YOUR FORCE MAJEURE PROVISIONS TO ACCOUNT FOR HURRICANES September 12, 2017 by David Adelstein Filed as: Contract Drafting

MAKE PRUDENT DECISIONS REGARDING YOUR HURRICANE IRMA PROPERTY DAMAGE CLAIMS September 11, 2017 by David Adelstein Filed as: Uncategorized

QUICK NOTE: INSURER MUST COMPLY WITH FLORIDA’S CLAIMS ADMINISTRATION ACT September 4, 2017 by David Adelstein Filed as: Insurance

SUBCONTRACTOR’S MILLER ACT PAYMENT BOND CLAIM August 31, 2017 by David Adelstein Filed as: Miller Act

SURETIES DO NOT ISSUE BONDS RISK-FREE TO THE BOND-PRINCIPAL August 27, 2017 by David Adelstein Filed as: performance bond

ILLUSORY INSURANCE COVERAGE: REAL OR UNREAL? August 18, 2017 by David Adelstein Filed as: Insurance

THE RELEVANCE AND REASONABLENESS OF DESTRUCTIVE TESTING August 12, 2017 by David Adelstein Filed as: Construction Defects

OWNERS SHOULD SERVE REQUEST FOR SWORN STATEMENT OF ACCOUNT ON LIENOR August 6, 2017 by David Adelstein Filed as: Lien

GOOD OLE DUTY TO DEFEND July 30, 2017 by David Adelstein Filed as: Insurance

ASSERT A PARTY’S NONCOMPLIANCE OF CONDITIONS PRECEDENT WITH PARTICULARITY July 22, 2017 by David Adelstein Filed as: conditions precedent

QUICK NOTE: DO YOUR HOMEWORK WHEN IT COMES TO SELECTING YOUR ARBITRATOR July 19, 2017 by David Adelstein Filed as: Arbitration

AMBIGUITY IN INSURANCE POLICY WILL BE INTERPRETED IN FAVOR OF INSURANCE COVERAGE July 15, 2017 by David Adelstein Filed as: Insurance

TERMINATING THE NOTICE OF COMMENCEMENT (WITH A NOTICE OF TERMINATION) July 6, 2017 by David Adelstein Filed as: Lien

CONSULTANT’S CORNER: WHY SHOULD CONSTRUCTION BUSINESS OWNERS CARE ABOUT CYBER LIABILITY INSURANCE? July 1, 2017 by David Adelstein Filed as: Consultant's corner

APPELLATE ATTORNEY’S FEES AND THE SIGNIFICANT ISSUES TEST June 25, 2017 by David Adelstein Filed as: attorneys fees

TIMELY WRITTEN NOTICE TO INSURER AND COOPERATING WITH INSURER June 16, 2017 by David Adelstein Filed as: Insurance

VENUE FOR SUING PUBLIC PAYMENT BOND June 9, 2017 by David Adelstein Filed as: payment bond, Venue

ARBITRATION PROVISION IN HOMEBUILDER’S WARRANTY AGREEMENT WITH HOMEOWNERS IS UNENFORCEABLE June 2, 2017 by David Adelstein Filed as: Arbitration

CONTRACTORS SHOULD NOT FORGET TO DELIVER CONTRACTOR’S FINAL PAYMENT AFFIDAVIT May 28, 2017 by David Adelstein Filed as: Lien

QUICK NOTE: PRIOR ACTS EXCLUSION IN INSURANCE POLICY May 21, 2017 by David Adelstein Filed as: Insurance

COMPLY AND UNDERSTAND CONTRACTUAL CONDITIONS PRECEDENT May 18, 2017 by David Adelstein Filed as: Contract Drafting

NEED CONTINUING EDUCATION CREDIT IN FLORIDA? CONSIDER THESE COURSES May 14, 2017 by David Adelstein Filed as: Uncategorized

NEGLIGENT PROCUREMENT OF INSURANCE May 13, 2017 by David Adelstein Filed as: Insurance, Negligence

QUICK NOTE: SUBMITTING CIVIL REMEDY NOTICE May 5, 2017 by David Adelstein Filed as: Insurance

FACTOR THE FACTOR IN FACTORING April 29, 2017 by David Adelstein Filed as: Assignments

SUBCONTRACTOR’S LIABILITY INSURER’S DUTY TO DEFEND THE “ADDITIONAL INSURED” GENERAL CONTRACTOR April 22, 2017 by David Adelstein Filed as: additional insured, Construction Defects

FLORIDA’S LIEN LAW AND SUBSTANTIAL COMPLIANCE VS. STRICT COMPLIANCE April 14, 2017 by David Adelstein Filed as: Lien

CONSULT WITH COUNSEL WHEN PREPARING CONSTRUCTION LIENS April 8, 2017 by David Adelstein Filed as: Uncategorized

HURDLES WITH TRIGGERING A SUBCONTRACTOR PERFORMANCE BOND April 1, 2017 by David Adelstein Filed as: performance bond

NEW EBOOK: INNOVATIVE ATTORNEY’S FEE ARRANGEMENTS March 29, 2017 by David Adelstein Filed as: Uncategorized

CYBER SECURITY INSURANCE AND DESIGN PROFESSIONALS March 26, 2017 by David Adelstein Filed as: Design Professionals, Insurance

PRESERVING YOUR RIGHTS TO SECURE PAYMENT ON CONSTRUCTION PROJECTS (WITH EXAMPLES) March 18, 2017 by David Adelstein Filed as: Lien, payment bond

EBOOK: MILLER ACT PAYMENT BOND FUNDAMENTALS March 15, 2017 by David Adelstein Filed as: Miller Act

“IS THE DEFECTIVE WORK COVERED BY INSURANCE?” March 12, 2017 by David Adelstein Filed as: Construction Defects, Insurance

MILLER ACT AND “PUBLIC WORK OF THE FEDERAL GOVERNMENT” February 28, 2017 by David Adelstein Filed as: Miller Act, payment bond

QUICK NOTE: IMPORTANCE OF EQUIPMENT FLOATER INSURANCE February 23, 2017 by David Adelstein Filed as: Insurance

QUICK NOTE: AIM TO AVOID A STAY TO YOUR MILLER ACT PAYMENT BOND CLAIM February 17, 2017 by David Adelstein Filed as: Arbitration, Miller Act

QUICK NOTE: SUBCONTRACTOR PAYMENT BOND = COMMON LAW PAYMENT BOND February 12, 2017 by David Adelstein Filed as: payment bond

GENERAL CONTRACTORS: CONSIDER IMPORTANCE OF “PRIMARY AND NONCONTRIBUTORY” LANGUAGE February 5, 2017 by David Adelstein Filed as: Insurance

PRIME CONTRACTOR & SURETY’S RECOVERY OF ATTORNEY’S FEES IN MILLER ACT LAWSUIT January 28, 2017 by David Adelstein Filed as: attorneys fees, Miller Act

CAN A NON-SIGNATORY INVOKE AN ARBITRATION PROVISION? January 27, 2017 by David Adelstein Filed as: Arbitration

SOMETIMES YOU NEED TO CONSIDER THE COBLENTZ AGREEMENT January 19, 2017 by David Adelstein Filed as: Insurance

TENDER THE DEFENSE OF A LAWSUIT TO YOUR LIABILITY CARRIER January 13, 2017 by David Adelstein Filed as: Insurance

SIGNIFICANT ISSUES TEST APPLIES TO FRAUDULENT LIEN CLAIMS TO DETERMINE ATTORNEY’S FEES January 8, 2017 by David Adelstein Filed as: attorneys fees, Lien

DESIGN PROFESSIONAL NEEDS A LICENSE TO BE SUED FOR PROFESSIONAL NEGLIGENCE January 6, 2017 by David Adelstein Filed as: Negligence

DOES YOUR REQUEST FOR EQUITABLE ADJUSTMENT (REA) COMPLY WITH THE CONTRACT DISPUTES ACT? December 30, 2016 by David Adelstein Filed as: Contract Disputes Act, requests for equitable adjustment

PROPERLY TRIGGER THE PERFORMANCE BOND December 25, 2016 by David Adelstein Filed as: performance bond

APPLICATION OF SET-OFF WHEN A DEFENDANT SETTLES IN MULTIPARTY CONSTRUCTION DISPUTE December 23, 2016 by David Adelstein Filed as: set-off

BAD FAITH IN THE FIRST-PARTY INSURANCE CONTEXT December 10, 2016 by David Adelstein Filed as: Insurance

BENEFIT TO INSURED UNDER PROPERTY INSURANCE POLICY – CONCURRENT CAUSE DOCTRINE December 2, 2016 by David Adelstein Filed as: Insurance

SPEARIN DOCTRINE AS AN AFFIRMATIVE DEFENSE November 26, 2016 by David Adelstein Filed as: Construction Defects, Spearin doctrine

OWNER’S OBLIGATION GIVING NOTICE TO CURE TO CONTRACTOR AND ANALYZING REPAIR PROTOCOL November 19, 2016 by David Adelstein Filed as: Construction Defects

THE CONSTRUCTION PROJECT IS LATE – ALLOCATION OF DELAY November 13, 2016 by David Adelstein Filed as: Delay Damages

FINAL FURNISHING DATE IS A QUESTION OF FACT November 7, 2016 by David Adelstein Filed as: Lien

QUICK NOTE: ATTORNEY’S FEES AND THE SIGNIFICANT ISSUES TEST November 3, 2016 by David Adelstein Filed as: attorneys fees

MILLER ACT PAYMENT BONDS October 28, 2016 by David Adelstein Filed as: Miller Act, payment bond

CREATIVE AVENUE FOR JUDGMENT CREDITOR TO COLLECT A JUDGMENT October 22, 2016 by David Adelstein Filed as: Damages

WHICH CONSTRUCTION CONTRACT SHOULD I USE? October 18, 2016 by David Adelstein Filed as: Contract Drafting, Uncategorized

INDUSTRY FORM CONTRACTS SERVE AS A TEMPLATE FOR YOUR CONSTRUCTION CONTRACT October 14, 2016 by David Adelstein Filed as: Contract Drafting

IS PERFORMANCE BOND LIABLE FOR DELAY DAMAGES? October 6, 2016 by David Adelstein Filed as: Delay Damages, performance bond

ADDITIONAL INSURED OBLIGATIONS AND THE UNDERLYING LAWSUIT October 2, 2016 by David Adelstein Filed as: Insurance

PROPERLY TERMINATING A NOTICE OF COMMENCEMENT September 26, 2016 by David Adelstein Filed as: Lien

FLOWING DOWN LIABILITY IN CONSTRUCTION DEFECT LAWSUITS September 17, 2016 by David Adelstein Filed as: Construction Defects, Indemnification

BREACH OF A CONSTRUCTION CONTRACT & AN EQUITABLE REMEDY? September 2, 2016 by David Adelstein Filed as: Damages

CONSTRUCTION DEFECT INDEMNITY OBLIGATIONS – COVERED VS. NON-COVERED CGL CLAIMS August 28, 2016 by David Adelstein Filed as: Insurance

IMPACT OF LIS PENDENS ON UNRECORDED INTERESTS / LIENS August 27, 2016 by David Adelstein Filed as: Uncategorized

KNOW YOUR RIGHTS AS AN INSURED UNDER FLORIDA’S CLAIM ADMINISTRATION STATUTE August 17, 2016 by David Adelstein Filed as: Insurance

SHOULD CGL INSURER HAVE DUTY TO DEFEND INSURED DURING CHAPTER 558 NOTICE OF CONSTRUCTION DEFECTS PROCESS??? August 12, 2016 by David Adelstein Filed as: Construction Defects

DURATION OF PUBLIC PAYMENT BOND = FULL TERM OF PUBLIC CONTRACT August 8, 2016 by David Adelstein Filed as: payment bond

PRIME CONTRACT DRAFTING AND NEGOTIATION August 3, 2016 by David Adelstein Filed as: Contract Drafting

EXAMPLE OF IMPORTANCE SUPPORTING THEME FOR INSURANCE COVERAGE July 29, 2016 by David Adelstein Filed as: Insurance

LIS PENDENS – RECORDATION AND DISSOLUTION July 24, 2016 by David Adelstein Filed as: Lien

CONTRACTUAL INDEMNIFICATION LIMITATION ON FLORIDA PUBLIC PROJECTS July 17, 2016 by David Adelstein Filed as: Indemnification

BE WATCHFUL FOR THE EXISTING STRUCTURE / BUILDING EXCLUSION IN BUILDER’S RISK POLICY July 13, 2016 by David Adelstein Filed as: Insurance

DRAFTING THE BOND FORM, PARTICULARLY THE PERFORMANCE BOND FORM July 8, 2016 by David Adelstein Filed as: payment bond, performance bond

IS AN INITIAL DECISION MAKER, PROJECT NEUTRAL, OR DISPUTE RESOLUTION BOARD RIGHT FOR YOU? July 3, 2016 by David Adelstein Filed as: Contract Drafting

LITTLE KNOWN FLORIDA VENUE STATUTE BENEFITTING RESIDENT CONTRACTORS June 28, 2016 by David Adelstein Filed as: Venue

MILLER ACT CLAIM FOR UNSIGNED CHANGE ORDERS June 25, 2016 by David Adelstein Filed as: Uncategorized

QUICK NOTE: PERFECTING & PRESERVING CONSTRUCTION LIEN & PAYMENT BOND RIGHTS June 20, 2016 by David Adelstein Filed as: Lien, payment bond, Quick Note

LIQUIDATED DAMAGES IN CONSTRUCTION CONTRACTS – WHO BEARS THE BURDEN? June 18, 2016 by David Adelstein Filed as: Damages, Delay Damages

OBTAINING TEMPORARY INJUNCTION TO ENFORCE NON-COMPETE AGREEMENT June 1, 2016 by David Adelstein Filed as: injunctions

PROVING & DEFENDING LOST PROFIT DAMAGES May 27, 2016 by David Adelstein Filed as: Damages, lost profits

PERSONAL GUARANTOR CANNOT ESCAPE A PERSONAL GUARANTEE BY… May 20, 2016 by David Adelstein Filed as: Contract Drafting

INTERESTED IN FLORIDA CONSTRUCTION CONTRACTING LICENSING??? May 17, 2016 by David Adelstein Filed as: Licensing

QUICK NOTE: FILING THE “SHOW CAUSE” COMPLAINT REGARDING A CONSTRUCTION LIEN May 11, 2016 by David Adelstein Filed as: Lien, Quick Note

OPTIONS WHEN THERE IS CONSTRUCTION LIEN ON YOUR PROPERTY May 6, 2016 by David Adelstein Filed as: Lien

INFORMATION ON SUBCONTRACTOR DEFAULT INSURANCE (“SDI”) May 1, 2016 by David Adelstein Filed as: Insurance

SUBCONTRACTOR PASS-THROUGH CLAIMS AND THE CONTRACT DISPUTES ACT April 26, 2016 by David Adelstein Filed as: Contract Disputes Act, Government Contracting

QUICK NOTE: TIMING TO SUE PUBLIC PAYMENT BOND FOR RETAINAGE ON PUBLIC CONSTRUCTION PROJECTS April 22, 2016 by David Adelstein Filed as: payment bond

QUICK NOTE: COVERAGE MUST FIRST BE ESTABLISHED TO HAVE A BAD FAITH INSURANCE CLAIM April 20, 2016 by David Adelstein Filed as: Insurance

THERE DOES NOT HAVE TO BE A PREVAILING PARTY FOR PURPOSES OF ATTORNEY’S FEES IN CONSTRUCTION LIEN DISPUTE April 16, 2016 by David Adelstein Filed as: attorneys fees, Lien

QUICK NOTE: PERFECT PRIVATE PROJECT PAYMENT BOND RIGHTS IF NOT IN PRIVITY WITH GENERAL CONTRACTOR April 13, 2016 by David Adelstein Filed as: payment bond, Quick Note

THERE IS VALUE RECORDING A NOTICE OF CONTEST OF LIEN April 9, 2016 by David Adelstein Filed as: Lien

QUICK NOTE: LIABILITY INSURER’S BAD-FAITH BASED ON TOTALITY OF THE CIRCUMSTANCES April 3, 2016 by David Adelstein Filed as: Insurance, Quick Note

INDEMNIFICATION PROVISIONS AND “IN WHOLE OR IN PART” LANGUAGE April 2, 2016 by David Adelstein Filed as: Indemnification

EVOLVING PROJECT DELIVERY METHODS AND RISK CONCERNS FROM A DESIGN PROFESSIONAL’S STANDPOINT March 27, 2016 by David Adelstein Filed as: Design Professionals

PRIME CONTRACTOR INTERVENING INTO LAWSUIT AS PRINCIPAL OF MILLER ACT PAYMENT BOND March 25, 2016 by David Adelstein Filed as: Miller Act, payment bond

QUICK NOTE: CGL INSURER LIABLE FOR ATTORNEY’S FEES IF IT UNJUSTIFIABLY REFUSED TO PROVIDE YOU DEFENSE March 20, 2016 by David Adelstein Filed as: Construction Defects, Insurance, Quick Note

QUICK NOTE: SUIT AGAINST MILLER ACT PAYMENT BOND MAY NOT BE BROUGHT UNTIL 90 DAYS AFTER FINAL FURNISHING March 18, 2016 by David Adelstein Filed as: Miller Act, payment bond, Quick Note

FRAUDULENT NONDISCLOSURE / CONCEALMENT AND RESIDENTIAL PURCHASE-SALE CONTRACTS March 17, 2016 by David Adelstein Filed as: Construction Defects, Johnson v. Davis

DO NOT EXECUTE A WAIVER AND RELEASE IN CONSIDERATION OF PAYMENT THAT RELEASES CLAIMS YOU ARE NOT PREPARED TO RELEASE March 13, 2016 by David Adelstein Filed as: Miller Act, payment bond, Releases

OWNERS: DON’T IGNORE THE STATUTE OF LIMITATIONS IN FLORIDA STATUTE s. 95.11(3)(c) FOR CONSTRUCTION DEFECTS / DAMAGE March 5, 2016 by David Adelstein Filed as: Construction Defects, statute of limitations

QUICK NOTE: DON’T NEGLECT CONDITIONS PRECEDENT TO PAYMENT IN YOUR CONTRACT February 29, 2016 by David Adelstein Filed as: Contract Drafting, Quick Note

FEDERAL GOVERNMENT TERMINATING FOR DEFAULT “SEPARABLE” CONTRACT February 28, 2016 by David Adelstein Filed as: Government Contracting, Termination for Convenience, termination for default

SUBCONTRACTORS MAY (LIKELY) BE REQUIRED TO STAY THEIR MILLER ACT PAYMENT BOND CLAIMS PENDING THE OUTCOME OF THE CONTRACT DISPUTES ACT RESOLUTION PROCESS February 18, 2016 by David Adelstein Filed as: Arbitration, Contract Disputes Act, Miller Act

MAKE SURE YOU HAVE THE SUBCONTRACTOR EXCEPTION TO THE “YOUR WORK” EXCLUSION February 15, 2016 by David Adelstein Filed as: Insurance

QUICK NOTE: HAVE YOU SEEN THE “SEPARATION OF INSUREDS” PROVISION IN YOUR CGL POLICY? February 14, 2016 by David Adelstein Filed as: additional insured, Insurance, Quick Note

QUALIFYING AGENTS AND UNLICENSED CONTRACTING – MORE QUESTIONS THAN ANSWERS February 7, 2016 by David Adelstein Filed as: Licensing

UNDERSTAND PROJECT DELIVERY METHODS SO THAT YOU SELECT A METHOD THAT BEST MEETS YOUR NEEDS February 1, 2016 by David Adelstein Filed as: Contract Drafting

SUBCONTRACTORS: MAKE SURE YOU DILIGENTLY REVIEW THE CONTRACT DOCUMENTS January 28, 2016 by David Adelstein Filed as: Spearin doctrine

BURDEN OF PROOF CHALLENGING ASSESSMENT OF LIQUIDATED DAMAGES January 23, 2016 by David Adelstein Filed as: Delay Damages

TIMELY FILE YOUR MILLER ACT PAYMENT BOND LAWSUIT January 15, 2016 by David Adelstein Filed as: Miller Act, payment bond

CONSULTANTS’ COMPETITIVE NEGOTIATION ACT (“CCNA”) PRIMER January 9, 2016 by David Adelstein Filed as: CCNA

CGL INSURER LIABLE FOR ATTORNEY’S FEES JUDGMENT AGAINST INSURED January 3, 2016 by David Adelstein Filed as: Construction Defects, Insurance

BE COGNIZANT OF THE POLLUTION EXCLUSION IN YOUR CGL POLICY December 30, 2015 by David Adelstein Filed as: Insurance

VIOLATION OF THE BUILDING CODE IS A QUESTION OF LAW December 25, 2015 by David Adelstein Filed as: building code, Construction Defects

CALCULATING EXTENDED GENERAL CONDITIONS (FIELD OVERHEAD) ASSOCIATED WITH A DELAY December 19, 2015 by David Adelstein Filed as: Delay Damages

CONSTRUCTION CONTRACTS AND APPLICATION OF PAROL EVIDENCE RULE TO CLARIFY LATENT AMBIGUITY December 12, 2015 by David Adelstein Filed as: Contract Drafting

IMPLIED COVENANT OF GOOD FAITH & FAIR DEALING ATTACHES TO EVERY CONTRACT December 5, 2015 by David Adelstein Filed as: Contract Drafting, material breach

COBLENTZ AGREEMENT AND ALLOCATION OF DAMAGES IN CONSENT JUDGMENT November 28, 2015 by David Adelstein Filed as: Construction Defects, Insurance

DAVIS BACON ACT PRIMER November 22, 2015 by David Adelstein Filed as: Davis Bacon Act

WHAT TO DO IF THE PAYMENT BOND IS NOT RECORDED WITH THE NOTICE OF COMMENCEMENT November 20, 2015 by David Adelstein Filed as: Lien, payment bond

INTERACTION BETWEEN CGL INSURANCE, OCIP, AND SUBCONTRACTOR DEFAULT INSURANCE November 14, 2015 by David Adelstein Filed as: Insurance

THE DEFENSE OF BETTERMENT IN CONSTRUCTION DEFECT DISPUTES November 7, 2015 by David Adelstein Filed as: Construction Defects, Damages

CONDITIONAL PAYMENT BONDS AND TRANSFERRING A LIEN TO THAT BOND October 31, 2015 by David Adelstein Filed as: payment bond

TENDERING UNDISPUTED SUMS TO CUT OFF ACCRUAL OF INTEREST October 17, 2015 by David Adelstein Filed as: Damages

A FORUM SELECTION PROVISION IN A SUBCONTRACT CAN BENEFIT A MILLER ACT PAYMENT BOND SURETY October 10, 2015 by David Adelstein Filed as: Miller Act, payment bond, Venue

ENSUING LOSS EXCEPTION IN PROPERTY INSURANCE POLICIES October 3, 2015 by David Adelstein Filed as: Insurance

VIOLATION OF DAVIS BACON ACT COULD SUPPORT FALSE CLAIMS ACT VIOLATION September 26, 2015 by David Adelstein Filed as: Davis Bacon Act, False Claims Act

QUALIFYING AGENTS AND COMMON LAW NEGLIGENCE September 19, 2015 by David Adelstein Filed as: Licensing

DID I JUST BUY THE MONEY PIT? September 12, 2015 by David Adelstein Filed as: Construction Defects, Johnson v. Davis

STATUTE OF LIMITATIONS AND REPOSE FOR INDEMNIFICATION CLAIMS (STEMMING FROM CONSTRUCTION DEFECT) September 6, 2015 by David Adelstein Filed as: Construction Defects, Indemnification, statute of limitations

NEED TO BE A “CONTRACTOR” TO BE PROTECTED BY WORKERS COMPENSATION IMMUNITY August 31, 2015 by David Adelstein Filed as: Insurance

THE (j)(5) and (j)(6) DAMAGE TO PROPERTY EXCLUSIONS IN CGL POLICY August 25, 2015 by David Adelstein Filed as: Insurance

REFERRAL SOURCES CAN CONSTITUTE LEGITIMATE BUSINESS INTEREST TO SUPPORT NON-COMPETE AGREEMENT August 21, 2015 by David Adelstein Filed as: Contract Drafting, injunctions

GENERAL UNDERSTANDING OF CONSTRUCTION PROJECT DELIVERY METHODS August 15, 2015 by David Adelstein Filed as: Contract Drafting, design-build

LIQUIDATING AGREEMENTS OR PASS-THROUGH AGREEMENTS August 9, 2015 by David Adelstein Filed as: Government Contracting

ILLUSTRATION OF HOW BANKRUPTCY CAN IMPACT CONTRACTOR – SUBCONTRACTOR DISPUTE August 7, 2015 by David Adelstein Filed as: Bankruptcy, Contract Disputes Act

EXAMPLES OF (RISK SHIFTING & ACCEPTING) PROVISIONS IN A SUBCONTRACT August 1, 2015 by David Adelstein Filed as: Contract Drafting

LABOR INEFFICIENCIES – DIFFICULT TO PROVE, ESPECIALLY WHEN THE CONTRACT SHIFTS THIS RISK TO YOU July 25, 2015 by David Adelstein Filed as: Delay Damages

CONTRACTUAL LIABILITY EXCLUSION IN CGL POLICIES AND “INSURED CONTRACT” EXCEPTION July 16, 2015 by David Adelstein Filed as: Indemnification, Insurance

CONSTRUCTION SCHEDULING IS AN IMPORTANT TOOL July 12, 2015 by David Adelstein Filed as: acceleration, Charts, Delay Damages

WHAT IS A FRAUDULENT LIEN? July 8, 2015 by David Adelstein Filed as: Lien

CHARTS AND GRAPHICS SUMMARIZING PAYMENT BOND AND CONSTRUCTION LIEN RIGHTS July 1, 2015 by David Adelstein Filed as: Charts, Lien, Miller Act, payment bond

CHALLENGES OF AN ORAL CONTRACT OR THE “HANDSHAKE DEAL” June 27, 2015 by David Adelstein Filed as: Contract Drafting

CGL INSURER’S (HAVE NO!) DUTIES OF DEFENSE AND INDEMNITY UNDER FLORIDA STATUTES CHAPTER 558 June 21, 2015 by David Adelstein Filed as: Construction Defects

DISCOVERY ON UNRELATED PROJECTS IS IRRELEVANT (NOT REASONABLY CALCULATED TO LEAD TO THE DISCOVERY OF ADMISSIBLE EVIDENCE) June 18, 2015 by David Adelstein Filed as: Discovery

A MILLER ACT ASIDE: WHAT HAPPENS TO A THIRD TIER ENTITY IF A SUBCONTRACTOR FILES FOR BANKRUPTCY June 13, 2015 by David Adelstein Filed as: Miller Act, payment bond

RESIDENTIAL CONSTRUCTION – SHOULD BOTH HUSBAND & WIFE SIGN THE CONTRACT? June 7, 2015 by David Adelstein Filed as: Contract Drafting, Lien

OWNER REQUESTING PROGRESS PAYMENT AFFIDAVITS FROM CONTRACTOR June 3, 2015 by David Adelstein Filed as: Lien

THE VALUE OF A WELL-WRITTEN SUBCONTRACT TO FORECLOSE SUBCONTRACTOR’S INEFFICIENCY / LOST PRODUCTIVITY DAMAGES May 31, 2015 by David Adelstein Filed as: Contract Drafting, Delay Damages

BECOMING A PERSONAL GUARANTOR BY EXECUTING THE PERSONAL GUARANTEE May 29, 2015 by David Adelstein Filed as: Contract Drafting

A DESIGN PROFESSIONAL OR ARCHITECT’S COPYRIGHT INFRINGEMENT CLAIM…DON’T THINK SO… May 24, 2015 by David Adelstein Filed as: copyright infringement, Design Professionals

USING THE YARDSTICK TEST TO PROVE LOST PROFIT DAMAGES May 22, 2015 by David Adelstein Filed as: Damages, lost profits

WALKING THAT MEASURED MILE TO PROVE AND CALCULATE LOST PRODUCTIVITY / INEFFICIENCY May 16, 2015 by David Adelstein Filed as: Damages, Delay Damages

IS THE 10 YEAR STATUTE OF REPOSE FOR CONSTRUCTION DEFECTS REALLY A 10 YEAR STATUTE OF REPOSE? May 9, 2015 by David Adelstein Filed as: Construction Defects, statute of limitations

RELEASES ON FEDERAL PROJECTS — MAYBE THE RELEASE IS NOT A FINAL RELEASE May 6, 2015 by David Adelstein Filed as: Government Contracting, Releases, Termination for Convenience

AN AMENDED LIEN DOES NOT DELAY THE 60 DAY WINDOW TO FORECLOSE A LIEN WHEN A NOTICE OF CONTEST OF LIEN IS RECORDED May 1, 2015 by David Adelstein Filed as: Lien

ATTORNEY’S FEES AGAINST COMMON LAW PAYMENT BONDS April 27, 2015 by David Adelstein Filed as: attorneys fees, payment bond

LIMITATION OF LENDER LIABILITY ON FAILED CONSTRUCTION PROJECT (FLORIDA STATUTE S. 713.3471) April 23, 2015 by David Adelstein Filed as: lender liability

RENTAL EQUIPMENT SUPPLIER NOT PROTECTED BY WORKERS COMPENSATION (HORIZONTAL) IMMUNITY April 19, 2015 by David Adelstein Filed as: Insurance

CGL INSURANCE AND CONSTRUCTION DEFECTS (DUTY TO DEFEND; TRIGGERING OF CGL POLICY; COVERED RESULTING DAMAGE) April 11, 2015 by David Adelstein Filed as: Construction Defects, Insurance

SERVING CONTRACTOR’S FINAL PAYMENT AFFIDAVIT BY CONTRACTORS (OR SUBCONTRACTORS) IN PRIVITY OF CONTRACT WITH PRIVATE OWNER April 8, 2015 by David Adelstein Filed as: Lien

GOVERNMENT CONTRACTING AND TREATING EXTENDED FIELD OVERHEAD AS A DIRECT OR INDIRECT COST April 4, 2015 by David Adelstein Filed as: Delay Damages, Government Contracting

REQUESTING LIABILITY INSURANCE INFORMATION FROM RESPONSIBLE PARTIES FOR CONSTRUCTION OR DESIGN DEFECTS (FLA. STAT. s. 627.4137) March 28, 2015 by David Adelstein Filed as: Construction Defects, Insurance

A DAVIS BACON SNACK – PREVAILING MINIMUM WAGE RATES ON CONSTRUCTION PROJECTS March 23, 2015 by David Adelstein Filed as: Davis Bacon Act, Uncategorized

CONFLICT BETWEEN A SUBCONTRACTOR’S MILLER ACT PAYMENT BOND CLAIM AND A PRIME CONTRACTOR’S CONTRACT DISPUTES ACT CLAIM March 21, 2015 by David Adelstein Filed as: Contract Disputes Act, Contract Drafting, Government Contracting, Miller Act, payment bond

WORKERS COMPENSATION (PART TWO) — STATUTORY EMPLOYER AND CONTRACTORS March 14, 2015 by David Adelstein Filed as: Insurance

WORKERS COMPENSATION — TIDBITS ON CONSTRUCTION PROJECTS March 11, 2015 by David Adelstein Filed as: Insurance

STAYING MILLER ACT PAYMENT BOND LAWSUIT PENDING ARBITRATION March 6, 2015 by David Adelstein Filed as: Arbitration, Miller Act, payment bond

GOVERNMENT CONTRACTS AND TERMINATION FOR DEFAULTS: SURETY TAKEOVER AGREEMENTS, TENDER AGREEMENTS, ETC. March 1, 2015 by David Adelstein Filed as: Government Contracting, termination for default

CONSTRUCTION / DESIGN DEFECTS AND RIGHTS UNDER FLORIDA STATUTES CHAPTER 558 February 26, 2015 by David Adelstein Filed as: Construction Defects

GENERAL UNDERSTANDING OF THIRD-PARTY AND FIRST-PARTY BAD FAITH INSURANCE ACTIONS February 22, 2015 by David Adelstein Filed as: Insurance

BE CAREFUL AND APPRECIATE THE RISK WHEN EXECUTING A RELEASE IN ADVANCE OF AN EVENT OR SITUATION February 14, 2015 by David Adelstein Filed as: Releases

CHALLENGES USING THE TOTAL COST OR MODIFIED TOTAL COST METHODS TO PROVE DELAY / LOST PRODUCTIVITY DAMAGES February 6, 2015 by David Adelstein Filed as: Delay Damages

SLAVIN DOCTRINE LIVES AND BREATHES (FOR THE BENEFIT OF CONTRACTORS, SUBCONTRACTORS, AND DESIGN PROFESSIONALS) January 30, 2015 by David Adelstein Filed as: Construction Defects

WAIVER OF CONSEQUENTIAL DAMAGES AND LOSS OF USE DAMAGES (IN CONSTRUCTION / DESIGN DEFECT DISPUTE) January 24, 2015 by David Adelstein Filed as: Construction Defects, Contract Drafting, Damages

MAKE SURE TO HAVE THE RIGHT WITNESS IN A CONSTRUCTION DEFECT CASE TESTIFY AS TO THE ESTIMATE January 23, 2015 by David Adelstein Filed as: Construction Defects

WRAP-UP INSURANCE ON LARGE CONSTRUCTION PROJECTS: OCIP OR CCIP January 17, 2015 by David Adelstein Filed as: Insurance

UTILIZING EXPERT WITNESSES FOR CONSTRUCTION DISPUTES January 14, 2015 by David Adelstein Filed as: Expert witnesses

DESIGN PROFESSIONAL’S DUTY OF CARE NOT EXTENDED TO SUBCONTRACTORS January 8, 2015 by David Adelstein Filed as: Design Professionals, Negligence

PREMISE LIABILITY CLAIMS AND THE DUTY OF CARE OWED TO CONTRACTORS January 3, 2015 by David Adelstein Filed as: Premise Liability

DON’T MESS WITH THE GENERAL AGREEMENT OF INDEMNITY December 31, 2014 by David Adelstein Filed as: injunctions

CHART SUMMARIZING ENFORCEMENT OF CONSTRUCTION LIEN AND PAYMENT BOND RIGHTS December 30, 2014 by David Adelstein Filed as: Charts, Lien, payment bond

THE DIFFICULTY IN RAISING EQUITABLE TOLLING TO JUSTIFY AN UNTIMELY MILLER ACT PAYMENT BOND LAWSUIT December 23, 2014 by David Adelstein Filed as: Miller Act, payment bond

YES, LIEN PRIORITY IS IMPORTANT December 19, 2014 by David Adelstein Filed as: Lien, mortgage foreclosure

CHART SUMMARIZING PRELIMINARY NOTICE REQUIREMENTS FOR LIENS AND PAYMENT BONDS December 16, 2014 by David Adelstein Filed as: Charts, Lien, payment bond

INCLUDE PROPER (LIENABLE) AMOUNTS IN YOUR CONSTRUCTION LIEN! December 13, 2014 by David Adelstein Filed as: Lien

VALIDITY OF NON-COMPETE AGREEMENTS December 5, 2014 by David Adelstein Filed as: Contract Drafting, injunctions

A LETTER OF INTENT CAN FORM THE BASIS OF AN ENFORCEABLE CONTRACT December 2, 2014 by David Adelstein Filed as: Contract Drafting, material breach

RECORDING THE NOTICE OF BOND TO TRANSFER THE CONSTRUCTION LIEN TO THE PAYMENT BOND November 29, 2014 by David Adelstein Filed as: Lien, payment bond

DON’T DRAFT AN AMBIGUOUS SCOPE OF WORK IN YOUR CONSTRUCTION CONTRACT November 26, 2014 by David Adelstein Filed as: Changes / Change Orders, Contract Drafting

BE CAUTIOUS WHEN FILING YOUR LAWSUIT IF YOU REALLY WANT TO ARBITRATE November 25, 2014 by David Adelstein Filed as: Arbitration

SUING FEDERAL GOVERNMENT ON A CONTRACT CLAIM; EQUITABLE SUBROGATION CLAIM BY LIABILITY INSURER AGAINST GOVERNMENT NOT ALLOWED November 22, 2014 by David Adelstein Filed as: Government Contracting, Indemnification, Insurance, Subrogation

“NO DAMAGE FOR DELAY” PROVISIONS AND THE EXCEPTIONS November 21, 2014 by David Adelstein Filed as: Contract Drafting, Delay Damages, Government Contracting

DOWNSIDE OF A BROAD ARBITRATION PROVISION November 14, 2014 by David Adelstein Filed as: Arbitration

HELPFUL PROVISIONS IN FLORIDA’S LOCAL GOVERNMENT PROMPT PAYMENT ACT November 10, 2014 by David Adelstein Filed as: prompt payment act

INCLUDING IN YOUR ARBITRATION CLAUSE THAT ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION November 8, 2014 by David Adelstein Filed as: Arbitration

SUBMITTING A “CLAIM” UNDER THE CONTRACT DISPUTES ACT November 6, 2014 by David Adelstein Filed as: Contract Disputes Act, Government Contracting

RECOVERING COMPENSATION FOR UNREASONABLE DELAYS UNDER THE SUSPENSION OF WORK CLAUSE November 2, 2014 by David Adelstein Filed as: Delay Damages, Government Contracting

FEDERAL GOVERNMENT CONTRACTING AND RECOVERY OF ATTORNEY’S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (“EAJA”) November 1, 2014 by David Adelstein Filed as: attorneys fees, Government Contracting

MILLER ACT AND TIMELY SERVING NOTICE OF NON-PAYMENT WITHIN 90 DAYS OF LAST FURNISHING October 30, 2014 by David Adelstein Filed as: Miller Act, payment bond

REQUESTS FOR EQUITABLE ADJUSTMENT AND CONSTRUCTIVE CHANGES IN FEDERAL CONSTRUCTION PROJECTS October 29, 2014 by David Adelstein Filed as: Changes / Change Orders, Government Contracting, requests for equitable adjustment

THE CONTRACTUAL RIGHT TO ARBITRATE CAN BE WAIVED October 24, 2014 by David Adelstein Filed as: Arbitration

LEARNING THE TRICKS OF THE TRADE / NUANCES UNDER FLORIDA’S LIEN LAW October 23, 2014 by David Adelstein Filed as: Lien

DELAY, DELAY AND MORE DELAY! EXCUSABLE OR NON-EXCUSABLE? October 19, 2014 by David Adelstein Filed as: Contract Drafting, Delay Damages, Government Contracting

UNPAID TENANT IMPROVEMENTS AND LIEN RIGHTS October 15, 2014 by David Adelstein Filed as: Lien

MILLER ACT TIME October 11, 2014 by David Adelstein Filed as: Miller Act, payment bond

KNOW YOUR BID PROTEST RIGHTS October 7, 2014 by David Adelstein Filed as: Public Procurement

CONVERTING THE DREADFUL TERMINATION FOR DEFAULT INTO A TERMINATION FOR CONVENIENCE October 5, 2014 by David Adelstein Filed as: Contract Drafting, Government Contracting, Termination for Convenience

CONSTRUCTION CONTRACTS AND YOUR “ORDER OF PRECEDENCE” CLAUSE September 28, 2014 by David Adelstein Filed as: Contract Drafting

NOT SO FAST DEVELOPER WITH YOUR CREATIVE EFFORT TO WIPE OUT THE CONTRACTOR’S (INFERIOR) LIEN! September 21, 2014 by David Adelstein Filed as: lender liability, Lien

THE “PRIMARY AND NONCONTRIBUTORY” INSURANCE REQUIREMENT September 19, 2014 by David Adelstein Filed as: additional insured, Insurance

COMPELLING REASONS NOT TO ENFORCE SUBCONTRACT VENUE PROVISIONS IN MULTI-PARTY CONSTRUCTION DEFECT CASES September 13, 2014 by David Adelstein Filed as: Contract Drafting, Venue

DO NOT LET LACK OF NOTICE VOID YOUR INSURANCE COVERAGE September 7, 2014 by David Adelstein Filed as: Construction Defects, Insurance

HMM–WAIVER OF SUBROGATION–SHOULD IT STAY OR SHOULD IT GO?!? September 5, 2014 by David Adelstein Filed as: Contract Drafting, Insurance

THE CLEVER ACCORD & SATISFACTION DEFENSE August 31, 2014 by David Adelstein Filed as: material breach

A BUILDER’S RISK INSURANCE TIDBIT August 29, 2014 by David Adelstein Filed as: Insurance, Subrogation

ARE YOU FAMILIAR WITH SUBCONTRACTOR DEFAULT INSURANCE (SUBGUARD)? August 24, 2014 by David Adelstein Filed as: Insurance

A “LOSS RUNS” IS… August 18, 2014 by David Adelstein Filed as: Insurance

DIFFERING SITE CONDITIONS: TYPE I & TYPE II CLAIMS August 16, 2014 by David Adelstein Filed as: differing site conditions, Government Contracting

SERVING REQUESTS FOR SWORN STATEMENTS OF ACCOUNT UNDER FLORIDA’S LIEN LAW August 14, 2014 by David Adelstein Filed as: Lien, payment bond, Uncategorized

DON’T INCLUDE AN ARBITRATION PROVISION IN YOUR CONTRACT IF YOU DON’T WANT TO ARBITRATE! August 8, 2014 by David Adelstein Filed as: Arbitration, Contract Drafting

THE IMPORTANCE OF AN EFFECTIVE NOTICE OF COMMENCEMENT ON YOUR LIEN RIGHTS August 6, 2014 by David Adelstein Filed as: Lien

HOME OFFICE OVERHEAD (EICHLEAY) AND GOVERNMENT-CAUSED STANDBY August 3, 2014 by David Adelstein Filed as: Contract Disputes Act, Damages, Delay Damages, Government Contracting, home office overhead / Eichleay, Uncategorized

LIEN RIGHTS FOR PROFESSIONAL (DESIGN) SERVICES August 1, 2014 by David Adelstein Filed as: Design Professionals, Lien

THE OH NO! MOMENT – REALIZING THE SUBCONTRACTOR EXCEPTION WAS ELIMINATED FROM THE “YOUR WORK” EXCLUSION July 24, 2014 by David Adelstein Filed as: Insurance

CONSTRUCTION RENTAL EQUIPMENT SUPPLIERS AND THE ENFORCEMENT OF LIEN RIGHTS July 17, 2014 by David Adelstein Filed as: Lien, Uncategorized

ARE YOU SURE YOU WANT TO ARBITRATE?!? July 14, 2014 by David Adelstein Filed as: Arbitration

SURETY BONDING – THE NUTS & BOLTS July 12, 2014 by David Adelstein Filed as: payment bond, performance bond

THE ALL MIGHTY GENERAL AGREEMENT OF INDEMNITY WITH THE SURETY July 8, 2014 by David Adelstein Filed as: Indemnification, injunctions, performance bond

“FORFEITURE” PROVISIONS IN INSURANCE POLICIES July 3, 2014 by David Adelstein Filed as: Insurance

MILLER ACT REQUIREMENT FOR SUPPLIER ON AN ONGOING OR OPEN ACCOUNT July 1, 2014 by David Adelstein Filed as: Miller Act, payment bond

FREE 15 MIN. WEBINAR ON BEING PROACTIVE REGARDING YOUR LIEN RIGHTS June 29, 2014 by David Adelstein Filed as: webinar

IMPORTANT BULLET POINTS FOR PAYMENT BONDS ON FLORIDA PUBLIC PROJECTS (FLA. STAT. s. 255.05) June 28, 2014 by David Adelstein Filed as: payment bond

PAYMENT BONDS AND PRELIMINARY NOTICE REQUIREMENTS FOR FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) PROJECTS June 21, 2014 by David Adelstein Filed as: payment bond

SERVING PRELIMINARY LIEN / PAYMENT BOND NOTICES ON PRIVATE PROJECTS June 19, 2014 by David Adelstein Filed as: Lien, payment bond

CGL POLICIES AND THE EXCLUSION FOR POLLUTANTS June 16, 2014 by David Adelstein Filed as: Insurance

FEDERAL CONTRACTING AND COMPLIANCE WITH THE CONTRACT DISPUTES ACT June 8, 2014 by David Adelstein Filed as: Contract Disputes Act, Government Contracting, Termination for Convenience

LIEN RIGHTS FOR SPECIALLY FABRICATED MATERIALS June 6, 2014 by David Adelstein Filed as: Lien, specially fabricated materials

QUALIFYING FOR ADDITIONAL INSURED STATUS May 31, 2014 by David Adelstein Filed as: additional insured, Insurance

DESIGN-BUILD PROJECT DELIVERY IN FLORIDA (AND LICENSING EXEMPTIONS) May 31, 2014 by David Adelstein Filed as: design-build, Licensing

A SUPPLIER AND SUBCONTRACTOR’S PURSUIT OF ATTORNEY’S FEES IN MILLER ACT PAYMENT BOND ACTION May 29, 2014 by David Adelstein Filed as: Miller Act, payment bond

ENFORCEABILITY OF CONTRACT AS A WHOLE TO BE DETERMINED BY ARBITRATOR AND NOT A BASIS TO VACATE ARBITRATION AWARD May 23, 2014 by David Adelstein Filed as: Arbitration, Licensing

DON’T FORGET TO TIMELY FORECLOSE THE CONSTRUCITON LIEN IN COURT! May 22, 2014 by David Adelstein Filed as: attorneys fees, Lien

LIQUIDATED DAMAGES PROVISIONS IN SUBCONTRACTS (PARTICULARLY SUBCONTRACTS FOR PUBLIC PROJECTS) May 18, 2014 by David Adelstein Filed as: Contract Drafting, Delay Damages, Miller Act, set-off

HAS A MATERIAL BREACH OF CONTRACT OCCURRED? CONSULT COUNSEL TO BEST DETERMINE RIGHTS! May 17, 2014 by David Adelstein Filed as: Contract Drafting, material breach

TERMINATION FOR CONVENIENCE IN FEDERAL GOVERNMENT CONTRACTS May 13, 2014 by David Adelstein Filed as: Government Contracting, Termination for Convenience

SUPPLIER’S BURDEN OF PROOF IN A MILLER ACT PAYMENT BOND CLAIM May 10, 2014 by David Adelstein Filed as: Miller Act, payment bond

GARDEN VARIETY PAYMENT DISPUTE BETWEEN OWNER AND CONTRACTOR May 8, 2014 by David Adelstein Filed as: Damages, set-off

CAN A JOINT VENTURER / PARTNER OF PRIME CONTRACTOR RECOVER UNDER THE MILLER ACT PAYMENT BOND May 4, 2014 by David Adelstein Filed as: Miller Act, payment bond

RECOVERING SHARED SAVINGS (PROFIT) FROM A MILLER ACT SURETY April 30, 2014 by David Adelstein Filed as: Miller Act, payment bond

VENUE FOR MILLER ACT PAYMENT BOND DISPUTE April 29, 2014 by David Adelstein Filed as: Contract Drafting, Miller Act, payment bond

AVOID SPOLIATION OF EVIDENCE – THE IMPORTANCE OF STRONG DOCUMENT MANAGEMENT FOR ELECTRONIC INFORMATION April 20, 2014 by David Adelstein Filed as: Spoliation of Evidence / Document Management

MILLER ACT PAYMENT BOND AND THIRD TIER SUBS OR SUPPLIERS April 18, 2014 by David Adelstein Filed as: Miller Act, payment bond

APPLICATION OF CLAIMS MADE PROFESSIONAL LIABILITY POLICIES April 12, 2014 by David Adelstein Filed as: Insurance

OH NO! A LIEN IS RECORDED! WHAT ARE SOME OF MY OPTIONS? April 11, 2014 by David Adelstein Filed as: Lien

TIME EXTENSIONS FOR “UNUSUALLY SEVERE WEATHER” ON FEDERAL PROJECTS March 30, 2014 by David Adelstein Filed as: Government Contracting, Uncategorized, unusually severe weather

AN OWNER’S “INTENDED THIRD PARTY BENEFICIARY” STATUS UNDER A SUBCONTRACT March 29, 2014 by David Adelstein Filed as: Contract Drafting, intended third party beneficiary, Uncategorized

PAY ATTENTION TO THE RELEASE YOU EXECUTE! March 26, 2014 by David Adelstein Filed as: Releases, Uncategorized

SUPPLIER / SUB-SUBCONTRACTOR NOTICE REQUIREMENTS UNDER THE MILLER ACT March 23, 2014 by David Adelstein Filed as: Miller Act, payment bond, Uncategorized

DESIGN PROFESSIONAL’S STANDARD OF CARE AND THE FIRST COST DEFENSE March 21, 2014 by David Adelstein Filed as: Design Professionals, First cost and betterment, Uncategorized

TIPS FOR DRAFTING RESTRICTIVE COVENANT (SUCH AS NON-COMPETE / ANTI-COMPETITION) LANGUAGE IN EMPLOYMENT AGREEMENT March 16, 2014 by David Adelstein Filed as: Contract Drafting, injunctions, Uncategorized

MAKE SURE ADDITIONAL INSURED COVERAGE IS FOR COMPLETED OPERATIONS March 15, 2014 by David Adelstein Filed as: additional insured, Construction Defects, Insurance, Uncategorized

THE STATUTE OF LIMITATIONS ON A MILLER ACT PAYMENT BOND CLAIM AND THE DOCTRINE OF EQUITABLE TOLLING March 9, 2014 by David Adelstein Filed as: Miller Act, payment bond, Uncategorized

THE UPHILL BURDEN OF A DESIGN PROFESSIONAL’S COPYRIGHT INFRINGEMENT CLAIM March 1, 2014 by David Adelstein Filed as: copyright infringement, Design Professionals

THE DRAWBACK OF BEING A THIRD-PARTY DEFENDANT IN A CONSTRUCTION DISPUTE February 28, 2014 by David Adelstein Filed as: Construction Defects, statute of limitations

STAYING LITIGATION AGAINST A PAYMENT BOND SURETY PENDING THE OUTCOME OF ARBITRATION INVOLVING THE GC AND SUB February 27, 2014 by David Adelstein Filed as: Arbitration, payment bond

PAY-WHEN-PAID AND THE PREVENTION OF PERFORMANCE DOCTRINE February 23, 2014 by David Adelstein Filed as: Changes / Change Orders, Pay-When-Paid, payment bond, Uncategorized

MILLER ACT – CONSIDERATIONS INVOLVING SUBCONTRACTOR WHEN GOVERNMENT ASSESSES LIQUIDATED DAMAGES February 22, 2014 by David Adelstein Filed as: Delay Damages, Miller Act, payment bond, Uncategorized

MAKE SURE INDEMNIFICATION PROVISIONS CLEARLY REFLECT THE REQUIRED SCOPE OF THE INDEMNIFICATION February 20, 2014 by David Adelstein Filed as: Contract Drafting, Indemnification, Uncategorized

WHEN A PUBLIC SOLICITATION GOES TERRIBLY WRONG February 15, 2014 by David Adelstein Filed as: Public Procurement, Uncategorized

INSURANCE RISK ASSESSMENT: OCCURRENCE; DUTIES TO DEFEND/INDEMNIFY; COBLENTZ AGREEMENT February 2, 2014 by David Adelstein Filed as: Construction Defects, Insurance, Uncategorized

CONSTRUCTION DEFECT INSURANCE CONSIDERATIONS January 12, 2014 by David Adelstein Filed as: Construction Defects, Insurance, Uncategorized

ATTORNEY’S FEES UNDER (A) FLORIDA’S DECEPTIVE AND UNFAIR TRADE PRACTICES ACT AND (B) OFFERS OF JUDGMENT January 4, 2014 by David Adelstein Filed as: attorneys fees, Florida Deceptive and Unfair Trade Practices Act, Uncategorized

“CRITICAL PATH” AND “CONCURRENT DELAY” BASICS AS INTERPRETED BY COURTS December 15, 2013 by David Adelstein Filed as: Delay Damages, Government Contracting, Uncategorized

THE IMPORTANCE OF SAFETY December 1, 2013 by David Adelstein Filed as: Negligence, safety, Uncategorized

A LANDLORD’S REFUSAL TO TIMELY PERFORM NEEDED REPAIRS / MAINTENANCE ITEMS November 29, 2013 by David Adelstein Filed as: Construction Defects, constructive eviction, Damages, lost profits, Uncategorized

LEGAL COMPLEXITIES WHEN THERE IS A FAILED PROJECT November 28, 2013 by David Adelstein Filed as: Lien, slander of title, Uncategorized, unjust enrichment

CONSULTANT’S CORNER: PERSPECTIVES FROM A PROPERTY MANAGER REGARDING DEVELOPER TURNOVER November 23, 2013 by David Adelstein Filed as: Consultant's corner, Uncategorized

CONSULTANT’S CORNER: FIVE TIPS FOR BETTER CONSTRUCTION PROJECT DOCUMENTATION November 20, 2013 by David Adelstein Filed as: Consultant's corner, Uncategorized

CONDOMINIUM ASSOCIATION RIGHTS REGARDING CONSTRUCTION DEFECTS & THE STATUTE OF LIMITATIONS FOR STATUTORY IMPLIED WARRANTIES November 16, 2013 by David Adelstein Filed as: Construction Defects, statute of limitations, Uncategorized, warranties

WATERING DOWN THE 10 YEAR STATUTE OF REPOSE PERIOD FOR CONSTRUCTION DEFECT DISPUTES November 8, 2013 by David Adelstein Filed as: Construction Defects, statute of limitations, Uncategorized

WHAT IS SUBSTANTIAL COMPLETION? November 8, 2013 by David Adelstein Filed as: Contract Drafting, Delay Damages, Substantial completion, Uncategorized

DIFFERENCE BETWEEN A DESIGN AND PERFORMANCE SPECIFICATION AND THE SPEARIN DOCTRINE November 3, 2013 by David Adelstein Filed as: Spearin doctrine, Uncategorized

WHAT TRIGGERS A LIABILITY INSURER’S DUTY TO DEFEND October 31, 2013 by David Adelstein Filed as: Insurance

A CERTIFICATE OF INSURANCE IS NOT INSURANCE COVERAGE October 29, 2013 by David Adelstein Filed as: additional insured, Insurance, Uncategorized

PRESERVING PERFORMANCE BOND CLAIMS October 29, 2013 by David Adelstein Filed as: performance bond, Uncategorized

ACCELERATION COSTS MONEY October 22, 2013 by David Adelstein Filed as: acceleration, Delay Damages, Government Contracting

MORE ON A SURETY’S RIGHT TO DEMAND COLLATERAL SECURITY FROM THE CONTRACTOR BOND-PRINCIPAL AND BOND GUARANTORS October 17, 2013 by David Adelstein Filed as: injunctions, payment bond, performance bond, Uncategorized

PROVING LOST PROFIT DAMAGES WITH A REASONABLE DEGREE OF CERTAINTY October 13, 2013 by David Adelstein Filed as: Damages, Uncategorized

PAY-WHEN-PAID PROVISIONS AND PAYMENT BONDS October 12, 2013 by David Adelstein Filed as: Pay-When-Paid, payment bond, Uncategorized

THE INCLUSION OF LIMITATION OF LIABILITY PROVISIONS FOR DESIGN PROFESSIONALS October 8, 2013 by David Adelstein Filed as: Contract Drafting, Design Professionals

CONTRIBUTION CLAIMS TO PASS-THROUGH LIABILITY October 7, 2013 by David Adelstein Filed as: Construction Defects, Negligence, Uncategorized

THE SCOPE OF A RELEASE IN A SETTLEMENT AND CONTRACTUAL INDEMNIFICATION October 4, 2013 by David Adelstein Filed as: Construction Defects, Indemnification, Releases

STATUTE OF LIMITATIONS ON PERFORMANCE BOND CLAIMS October 1, 2013 by David Adelstein Filed as: Construction Defects, performance bond, Uncategorized

MAKE SURE CONSTRUCTION LIENS ARE PROPERLY PREPARED AND DO NOT CONTAIN ERRORS September 29, 2013 by David Adelstein Filed as: Licensing, Lien, Uncategorized

CONDO ASSOCIATIONS AND CONSTRUCTION LIENS September 20, 2013 by David Adelstein Filed as: Lien, Uncategorized

PROPERTY (INCLUDING ALL-RISK) INSURANCE POLICIES AND THE EFFICIENT PROXIMATE CAUSE DOCTRINE September 19, 2013 by David Adelstein Filed as: Uncategorized

A SURETY’S RIGHT TO DEMAND COLLATERAL SECURITY September 17, 2013 by David Adelstein Filed as: Indemnification, injunctions, Uncategorized

FALSE CLAIMS ACT–PROVING A FALSE CLAIM OR STATEMENT SUBMITTED TO THE GOVERNMENT September 15, 2013 by David Adelstein Filed as: False Claims Act, Government Contracting

“ACTUAL DAMAGES” UNDER FLORIDA’S DECEPTIVE AND UNFAIR TRADE PRACTICES ACT September 13, 2013 by David Adelstein Filed as: Florida Deceptive and Unfair Trade Practices Act, Uncategorized

CGL POLICIES AND THE “YOUR PRODUCT” EXCLUSION September 10, 2013 by David Adelstein Filed as: Insurance, Uncategorized

FLORIDA CONDOMINIUM ACT STATUTORY WARRANTIES — DIFFERENCE BETWEEN MANUFACTURER AND SUPPLIER September 8, 2013 by David Adelstein Filed as: Associations (Condo / Homeowners), warranties

SUBCONTRACTORS AND UNJUST ENRICHMENT CLAIMS August 24, 2013 by David Adelstein Filed as: Pay-When-Paid, unjust enrichment

CARVING OUT EXCEPTIONS IN RELEASES August 16, 2013 by David Adelstein Filed as: payment bond, Releases, Uncategorized

THE REALITY WHEN THE CONSTRUCTION LENDER FORECLOSES August 15, 2013 by David Adelstein Filed as: mortgage foreclosure, Uncategorized

DEFERENCE GIVEN TO ARBITRATION PROVISIONS August 12, 2013 by David Adelstein Filed as: Arbitration, Uncategorized

LIEN TRANSFER BONDS AND VENUE August 12, 2013 by David Adelstein Filed as: Contract Drafting, payment bond, Venue

A THIRD PARTY SUING A LIABILITY CARRIER July 17, 2013 by David Adelstein Filed as: additional insured, Insurance

HOMEOWNERS ASSOCIATIONS AND COMMON LAW IMPLIED WARRANTIES July 17, 2013 by David Adelstein Filed as: Associations (Condo / Homeowners), Construction Defects, warranties

APPRECIATING THE RISKS OR FRUSTRATIONS OF ARBITRATION July 11, 2013 by David Adelstein Filed as: Arbitration

VENUE FOR PAYMENT BOND DISPUTES IN FLORIDA July 9, 2013 by David Adelstein Filed as: Contract Drafting, payment bond, Venue

TAKING THE TIME TO UNDERSTAND ASSIGNMENT, ASSET-PURCHASE OR ASSUMPTION OF LIABILITY AGREEMENTS TO CREATE ARGUMENTS AGAINST THE ASSIGNEE OR BUYER July 6, 2013 by David Adelstein Filed as: Assumption of Liability Agreements, Successor Liability

RECOVERING DELAY RELATED DAMAGES FROM PUBLIC PAYMENT BOND June 23, 2013 by David Adelstein Filed as: Delay Damages, Miller Act, payment bond

TERMINATION FOR CONVENIENCE PROVISIONS ARE ENFORCEABLE UNDER FLORIDA LAW June 21, 2013 by David Adelstein Filed as: Termination for Convenience

A GENERAL CONTRACTOR NEEDS TO UNDERSTAND CERTAIN LEGAL DOCTRINES BEFORE SUING A STATE (INCLUDING AGENCY OR SUBDIVISION) AND DESIGN PROFESSIONAL THAT IT DID NOT HIRE June 18, 2013 by David Adelstein Filed as: Design Professionals, Negligence, Sovereign Immunity

OWNERS: UNDERSTAND AND APPRECIATE THE STATUTE OF LIMITATIONS FOR CONSTRUCTION DEFECTS June 12, 2013 by David Adelstein Filed as: Construction Defects, statute of limitations, Uncategorized

UNDERSTANDING AN INSURER’S SUBROGATION RIGHTS May 30, 2013 by David Adelstein Filed as: Insurance, Subrogation

UNDERSTANDING COMMON LAW INDEMNITY May 22, 2013 by David Adelstein Filed as: Arbitration, Indemnification

THE DIFFERENCE BETWEEN LOST PROFIT AND LOSS OF USE DAMAGES May 15, 2013 by David Adelstein Filed as: Damages

SUBCONTRACTORS – READ AND UNDERSTAND THE IMPLICATIONS OF VENUE PROVISIONS May 15, 2013 by David Adelstein Filed as: Contract Drafting, Venue

SUPPORTING CONSTRUCTION DEFECT DAMAGES WITH AN ESTIMATE April 25, 2013 by David Adelstein Filed as: Construction Defects, Delay Damages

PRESERVING CONSTRUCTION LIEN RIGHTS BY SERVING A NOTICE TO OWNER April 23, 2013 by David Adelstein Filed as: Lien, Uncategorized

ARGUMENTS TO RECOVER ATTORNEYS’ FEES AGAINST A MILLER ACT PAYMENT BOND March 31, 2013 by David Adelstein Filed as: attorneys fees, Miller Act

UNDERSTANDING YOUR RIGHTS AS AN ADDITIONAL INSURED March 9, 2013 by David Adelstein Filed as: additional insured, Indemnification, Insurance

THE SLOW OR NOT SO SLOW DEATH OF THE ECONOMIC LOSS RULE March 9, 2013 by David Adelstein Filed as: Economic Loss Rule, Negligence

MORE ON THE HARSH REALITIES OF CONTRACTORS NOT BEING PROPERLY LICENSED February 16, 2013 by David Adelstein, Esq. Filed as: Licensing

THE HARSH REALITIES OF A CONTRACTOR NOT BEING PROPERLY LICENSED February 16, 2013 by David Adelstein, Esq. Filed as: Licensing

FURTHER CONFUSION TO RECOVERING ATTORNEYS’ FEES IN A LIEN ACTION November 23, 2012 by David Adelstein, Esq. Filed as: attorneys fees, Lien

VENUE PROVISIONS – READ WHAT YOU SIGN! November 16, 2012 by David Adelstein, Esq. Filed as: Contract Drafting, Venue

THE ENFORCEABILITY OF TERMINATION FOR CONVENIENCE PROVISIONS November 8, 2012 by David Adelstein, Esq. Filed as: Contract Drafting, Termination for Convenience

INTERFERING, EXISTING UNDERGROUND UTILITIES October 27, 2012 by David Adelstein Filed as: Negligence, Uncategorized

TRANSFERRING A LIEN TO A LIEN TRANSFER BOND DURING A LIEN FORECLOSURE LAWSUIT May 18, 2012 by David Adelstein Filed as: Lien

INDEMNITY AGREEMENTS BETWEEN A SURETY AND ITS BOND PRINCIPAL May 15, 2012 by David Adelstein Filed as: Indemnification

THE CARDINAL CHANGE DOCTRINE May 15, 2012 by David Adelstein Filed as: Changes / Change Orders, Government Contracting

BUTTONING-UP CONTRACTUAL INDEMNIFICATION LANGUAGE May 15, 2012 by David Adelstein Filed as: Contract Drafting, Indemnification

STATUTORY IMPLIED WARRANTIES FOR CONDOMINIUM ASSOCIATIONS March 4, 2012 by David Adelstein Filed as: Associations (Condo / Homeowners), Construction Defects

A CONTRACTOR’S RIGHT TO SET-OFF AMOUNTS FROM A SUBCONTRACTOR February 18, 2012 by David Adelstein Filed as: Contract Drafting, payment bond, set-off

A CONSULTING ENGINEER / ARCHITECT’S PROTECTION FROM A NEGLIGENCE CLAIM BY A CONTRACTOR November 27, 2011 by David Adelstein Filed as: Design Professionals, Negligence

CAREFUL DRAFTING OF ARBITRATION PROVISIONS TO ENSURE THE STATUTE OF LIMITATIONS APPLIES TO CLAIMS RESOLVED THROUGH ARBITRATION November 27, 2011 by David Adelstein Filed as: Arbitration, Contract Drafting

CAREFUL DRAFTING OF PAY-WHEN-PAID PROVISIONS November 27, 2011 by David Adelstein Filed as: Contract Drafting, Pay-When-Paid

CONTRACTORS AND SUPPLIERS-DO NOT NEGLECT THE NOTICE REQUIREMENTS IN FLORIDA’S LIEN LAW October 9, 2011 by David Adelstein Filed as: Lien

OWNERS DEFENDING A LIEN – ESPECIALLY A PATENTLY FRAUDULENT LIEN October 2, 2011 by David Adelstein Filed as: Lien

CLARIFYING TERMS OF A RELEASE AND STANDARD OF CARE WHEN SUING A DESIGN PROFESSIONAL — BOTH TOUCHED UPON IN NEW FLORIDA CASE September 12, 2011 by David Adelstein Filed as: Design Professionals, Releases

CGL POLICIES AND THE IMPORTANCE OF COUCHING THE CLAIM TO THE INSURER August 24, 2011 by David Adelstein Filed as: Insurance

ASSERTING NEGLIGENCE AGAINST A CONSTRUCTION-MANAGER OR OWNER’S REPRESENTATIVE August 14, 2011 by David Adelstein Filed as: Negligence, Uncategorized

THE DIFFICULTY IN PREVAILING IN A BID PROTEST August 14, 2011 by David Adelstein Filed as: Public Procurement

DO NOT BANK ON RECOVERING YOUR ATTORNEYS’ FEES IN A CONSTRUCTION LIEN FORECLOSURE ACTION August 7, 2011 by David Adelstein Filed as: attorneys fees, Lien

MORE ON PRECONSTRUCTION AGREEMENTS AND DEPOSITS (an update to 7/16/11 post) July 23, 2011 by David Adelstein Filed as: Real Estate Deposits

OWNERS DON’T FORGET ABOUT SERVING A REQUEST FOR SWORN STATEMENT OF ACCOUNT July 17, 2011 by David Adelstein Filed as: Lien

PRECONSTRUCTION AND PURCHASE-SALE CONTRACTS- ARGUMENTS TO REVOKE THE CONTRACT AND RECOVER THE DEPOSIT July 16, 2011 by David Adelstein Filed as: Real Estate Deposits

OWNERS SHOULD BE CONCERNED WITH PREMISES LIABILITY CLAIMS ARISING FROM INJURIES DURING CONSTRUCTION July 3, 2011 by David Adelstein Filed as: Premise Liability, safety

PERSPECTIVES ON THE COMPETITIVE (OR NOT SO COMPETITIVE) PUBLIC PROCUREMENT PROCESS June 25, 2011 by David Adelstein Filed as: Public Procurement

THE IMPORTANCE OF PROPER CONSTRUCTION CONTRACTING LICENSES June 19, 2011 by David Adelstein Filed as: Licensing, Uncategorized

COMPLYING WITH POST-LOSS POLICY CONDITIONS UNDER AN INSURANCE POLICY June 16, 2011 by David Adelstein Filed as: Insurance, Uncategorized

ARGUMENTS FOR LENDER LIABILITY WHEN CONTRACTORS REMAIN UNPAID ON A CONSTRUCTION PROJECT June 15, 2011 by David Adelstein Filed as: lender liability, Uncategorized

UNDERSTANDING INSURANCE COVERAGE – NOT AN EASY FEAT June 13, 2011 by David Adelstein Filed as: Uncategorized

THE FINAL FURNISHING DATE AND LIENABLE AMOUNTS FOR CONSTRUCTION LIENS: DECIDED ON A CASE-BY-CASE BASIS June 10, 2011 by David Adelstein Filed as: Lien, Uncategorized

WELCOME TO MY BLOG ON CONSTRUCTION LAW UPDATES June 9, 2011 by David Adelstein Filed as: Uncategorized