ARGUING CARDINAL CHANGE IS DIFFERENT THAN PROVING CARDINAL CHANGE
March 6, 2021 by David Adelstein
Filed as: Changes / Change Orders
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STATUTORY BAD FAITH CLAIM NOT TOLLED MERELY BECAUSE PROPERTY INSURER INVOKES APPRAISAL PER THE POLICY
February 28, 2021 by David Adelstein
Filed as: Uncategorized
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UNJUST ENRICHMENT OR QUANTUM MERUIT CAN APPLY FOR EXTRA-CONTRACTUAL WORK IF THE EXPRESS CONTRACT DOES NOT CONCERN THE SAME SUBJECT MATTER
February 21, 2021 by David Adelstein
Filed as: unjust enrichment
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DISPUTE RESOLUTION PROVISION IN SUBCONTRACT THAT SAYS OWNER, ARCHITECT OR ENGINEER’S DECISION IS FINAL
February 19, 2021 by David Adelstein
Filed as: Uncategorized
|
DEFINING CONSTRUCTIVE ACCELERATION
February 14, 2021 by David Adelstein
Filed as: acceleration
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WORKING WITH CONSTRUCTION COUNSEL ON YOUR CONSTRUCTION CONTRACT IS VALUE-ADDED
February 7, 2021 by David Adelstein
Filed as: Contract Drafting
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DO NOT FORFEIT COVERAGE UNDER YOUR PROPERTY INSURANCE POLICY
February 6, 2021 by David Adelstein
Filed as: Insurance
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INJURED SUBCONTRACTOR EMPLOYEE ASSERTS PREMISE LIABILITY CLAIM AGAINST GENERAL CONTRACTOR
January 30, 2021 by David Adelstein
Filed as: Premise Liability
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QUITE NOTE: EXTRA-CONTRACTUAL, CONSEQUENTIAL DAMAGES AGAINST PROPERTY INSURER MUST BE PURSUED IN SEPARATE BAD FAITH CLAIM
January 24, 2021 by David Adelstein
Filed as: Insurance
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PREFABRICATION CONTRACT CONSIDERATIONS
January 23, 2021 by David Adelstein
Filed as: Contract Drafting
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ALLOCATING COVERED AND UNCOVERED DAMAGES IN JURY VERDICT
January 16, 2021 by David Adelstein
Filed as: Insurance
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APPLICATION OF SET-OFF WHEN DETERMINING PREVAILING PARTY FOR PURPOSES OF ATTORNEY’S FEES
January 9, 2021 by David Adelstein
Filed as: attorneys fees, payment bond
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HYBRID CONTRACTS FOR THE SALE OF GOODS AND SERVICES AND THE PREDOMINANT FACTOR TEST
January 2, 2021 by David Adelstein
Filed as: UCC
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IS A MILLER ACT PAYMENT BOND SURETY BOUND BY A DEFAULT OR DEFAULT JUDGMENT AGAINST ITS PRINCIPAL?
January 2, 2021 by David Adelstein
Filed as: Miller Act, payment bond
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GENERALLY, WHAT CONSTITUTES A TRADE SECRET IS A QUESTION OF FACT
December 25, 2020 by David Adelstein
Filed as: trade secret
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QUICK NOTE: DISCRETION IN DETERMINING PREVAILING PARTY FOR PURPOSES OF ATTORNEY’S FEES
December 20, 2020 by David Adelstein
Filed as: attorneys fees
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SPECIFIC PERFORMANCE: EQUITABLE REMEDY TO ENFORCE AFFIRMATIVE OBLIGATION
December 19, 2020 by David Adelstein
Filed as: Damages
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BURDEN SUPPORTING TERMINATION FOR DEFAULT
December 12, 2020 by David Adelstein
Filed as: termination for default
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READ THE PROPERTY INSURANCE POLICY TO BE SURE YOU ARE COMPLYING WITH POST LOSS OBLIGATIONS
December 5, 2020 by David Adelstein
Filed as: Insurance
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MILLER ACT PAYMENT BOND SURETY BOUND TO ARBITRATION AWARD
November 28, 2020 by David Adelstein
Filed as: Arbitration, Miller Act, payment bond
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QUICK NOTE: ARTICLE ON CONSTRUCTION CLAIMS AND MANAGING RISK
November 24, 2020 by David Adelstein
Filed as: Contract Drafting
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SUBCONTRACT SHOULD FLOW DOWN DELAY CAUSED BY SUBCONTRACTORS
November 21, 2020 by David Adelstein
Filed as: Contract Drafting
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DON’T SIGN A CONTRACT THAT DOESN’T ADDRESS COVID-19 (OR PANDEMICS AND EPIDEMICS)
November 15, 2020 by David Adelstein
Filed as: Contract Drafting
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MAKE SURE TO PROPERLY PERFECT AND PRESERVE CONSTRUCTION LIEN RIGHTS
November 7, 2020 by David Adelstein
Filed as: Lien
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HOW THE CUMULATIVE IMPACT THEORY HAS BEEN DEFINED
November 1, 2020 by David Adelstein
Filed as: Damages, Delay Damages
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TEAMING AGREEMENTS- A CONTRACT TO PURSUE A SOLICITATION AND NEGOTIATE
October 25, 2020 by David Adelstein
Filed as: teaming agreement
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YOU NEED TO BE A CONTRACTOR FOR WORKERS’ COMPENSATION IMMUNITY TO APPLY
October 18, 2020 by David Adelstein
Filed as: workers compensation
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QUICK NOTE: STEPS TO PROTECT AND AVOID THE “MISAPPROPRIATION” OF A “TRADE SECRET”
October 11, 2020 by David Adelstein
Filed as: trade secret
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MEASURE OF DAMAGES FOR A CHATTEL INCLUDING LOSS OF USE
October 10, 2020 by David Adelstein
Filed as: Uncategorized
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EQUITABLE LIEN DESIGNED TO PREVENT UNJUST ENRICHMENT
October 4, 2020 by David Adelstein
Filed as: Lien
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ECONOMIC LOSS RULE BARS CLAIMS AGAINST MANUFACTURER
September 20, 2020 by David Adelstein
Filed as: Construction Defects, Economic Loss Rule
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CONTRACTOR’S BURDEN WHEN IT COMES TO DELAY
September 13, 2020 by David Adelstein
Filed as: Delay Damages
|
FIRST-PARTY STATUTORY BAD FAITH – 60 DAYS TO CURE MEANS 60 DAYS TO CURE
September 5, 2020 by David Adelstein
Filed as: Insurance
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AVOID THE HEADACHE – SUBMIT THE SWORN PROOF OF LOSS TO PROPERTY INSURER
August 29, 2020 by David Adelstein
Filed as: Insurance
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QUICK NOTE: EVIDENTIARY HEARING REQUIRED BEFORE COMPELLING NON-SIGNATORIES TO ARBITRATION
August 24, 2020 by David Adelstein
Filed as: Arbitration
|
MISTAKES HAPPEN BUT COURTS NOT HERE TO REWRITE BAD CONTRACTS
August 23, 2020 by David Adelstein
Filed as: Contract Drafting
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ALLEGING PROPERTY DAMAGE IN CONSTRUCTION DEFECT LAWSUIT
August 22, 2020 by David Adelstein
Filed as: Construction Defects, Insurance
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DON’T DO THIS WHEN IT COMES TO CONSTRUCTION LIENS
August 9, 2020 by David Adelstein
Filed as: Lien
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SEPARATION OF INSUREDS PROVISION IN CGL POLICIES
August 1, 2020 by David Adelstein
Filed as: Insurance
|
CONSTRUCTION DEFECT DAMAGES: BENEFIT-OF-THE-BARGAIN OR RELIANCE RECOVERY
July 27, 2020 by David Adelstein
Filed as: Construction Defects, Damages
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COMPARATIVE FAULT APPLIED IN OWNER’S LAWSUIT AGAINST CONTRACTOR AND ENGINEER
July 26, 2020 by David Adelstein
Filed as: Construction Defects
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BASIS TO RESCIND A CONTRACT UNDER EQUITABLE REMEDY OF RESCISSION
July 18, 2020 by David Adelstein
Filed as: Damages
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QUICK NOTE: USE COUNSEL WHEN PREPARING A NOTICE OF NONPAYMENT
July 12, 2020 by David Adelstein
Filed as: payment bond
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OPTICAL ILLUSION SUPPORTING PREMISE LIABILITY CLAIM
July 5, 2020 by David Adelstein
Filed as: Premise Liability
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CLASS ACTION CERTIFICATION BY ASSOCIATION FOR “MATTERS OF COMMON INTEREST”
July 4, 2020 by David Adelstein
Filed as: Associations (Condo / Homeowners)
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FUNDING THE SELF-INSURED RETENTION (SIR)
June 28, 2020 by David Adelstein
Filed as: Insurance
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INSURED’S CLAIM FOR DECLARATORY RELIEF IN COVERAGE DISPUTE
June 23, 2020 by David Adelstein
Filed as: Insurance
|
QUICK NOTE: COVID-19 CLAIM – PROVING CAUSATION
June 21, 2020 by David Adelstein
Filed as: Delay Damages, Quick Note
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VALUE IN RECORDING LIEN WITHIN EFFECTIVE NOTICE OF COMMENCEMENT
June 20, 2020 by David Adelstein
Filed as: Lien
|
ORDINARY USE OF TERM IN INSURANCE POLICY PREVAILED
June 6, 2020 by David Adelstein
Filed as: Insurance
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THINK TWICE BEFORE HEDGING A POSITION OR DEFENSE ON A SPECULATIVE EVENT OR OCCURRENCE
May 30, 2020 by David Adelstein
Filed as: Miller Act
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QUICK NOTE: BEWARE OF AN ANTI-CONCURRENT CAUSE PROVISION IN YOUR PROPERTY INSURANCE POLICY
May 24, 2020 by David Adelstein
Filed as: Insurance
|
KNOW THY INSURANCE COVERAGE
May 23, 2020 by David Adelstein
Filed as: Insurance
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QUICK NOTE: WEBINAR ON MAXIMIZING PAYMENT DURING COVID-19
May 18, 2020 by David Adelstein
Filed as: webinar
|
FORECLOSING JUNIOR LIENHOLDERS AND RECORDING A LIS PENDENS
May 16, 2020 by David Adelstein
Filed as: Lien
|
PRIORITY OF LIABILITY INSURANCE COVERAGE AND HORIZTONTAL AND VERTICAL EXHAUSTION
May 9, 2020 by David Adelstein
Filed as: Insurance
|
CLEAR CONTRACT LANGUAGE REGARDING PAYMENT IS IMPORTANT
May 2, 2020 by David Adelstein
Filed as: Contract Drafting
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QUICK NOTE: THE NOTICE OF CONTEST OF LIEN IS A POWERFUL TOOL
April 27, 2020 by David Adelstein
Filed as: Lien
|
ACTIVELY INTERFERING WITH ANOTHER’S PERFORMANCE GIVES RISE TO A BREACH OF CONTRACT
April 26, 2020 by David Adelstein
Filed as: Contract Drafting, Delay Damages
|
QUICK NOTE: MAKE SURE TO TIMELY PERFECT YOUR CONSTRUCTION LIEN AND PAYMENT BOND RIGHTS!
April 23, 2020 by David Adelstein
Filed as: Lien, payment bond
|
QUICK NOTE: EXAMINATION UNDER OATH OF NON-INSURED
April 22, 2020 by David Adelstein
Filed as: Insurance
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COMPLY WITH THE CONDITIONS OF THE PERFORMANCE BOND
April 19, 2020 by David Adelstein
Filed as: performance bond
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NOW IS THE TIME TO REVISIT CONTRACT LANGUAGE IN LIGHT OF COVID-19 TO ADDRESS FUTURE CONTRACTS
April 12, 2020 by David Adelstein
Filed as: Contract Drafting
|
INSURER CAN DEMAND APPRAISAL WHERE IT HAS NOT WHOLLY DENIED COVERAGE
April 11, 2020 by David Adelstein
Filed as: appraisal
|
VIDEO CONFERENCE CONSULTATION FOR YOUR CONSTRUCTION ISSUE AND COVID-19 CONCERNS
April 7, 2020 by David Adelstein
Filed as: video conference
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PROVING AND CHALLENGING CAUSATION UNDER NAMED PERILS PROPERTY INSURANCE POLICY
April 5, 2020 by David Adelstein
Filed as: Insurance
|
THE ARBITRATION PROVISION SHOULD DICTATE WHETHER JUDGE OR ARBITRATOR DECIDES ARBITRABILITY OF ISSUE
April 4, 2020 by David Adelstein
Filed as: Arbitration
|
CLAIMS BASED ON MISREPRESENTATION MUST BE INDEPENDENT OF CLAIMS BASED ON A CONTRACTUAL BREACH
March 28, 2020 by David Adelstein
Filed as: fraud
|
QUICK NOTE: MILLER ACT PAYMENT BOND PRESENTATION
March 27, 2020 by David Adelstein
Filed as: Miller Act
|
REPLACEMENT COST VALUE – HOMEOWNERS’ PROPERTY INSURANCE POLICIES
March 22, 2020 by David Adelstein
Filed as: Insurance
|
QUICK NOTE: CHARTING YOUR CONTRACTUAL RIGHTS WITH RESPECT TO THE CORONAVIRUS
March 15, 2020 by David Adelstein
Filed as: Delay Damages
|
QUICK NOTE: QUESTIONS AS TO THE FORCE MAJEURE IMPLICATIONS OF THE CORONAVIRUS? DO NOT HESITATE TO CONTACT ME!
March 14, 2020 by David Adelstein
Filed as: Delay Damages
|
BE PROACTIVE, NOT REACTIVE, TO PRESERVE FORCE MAJEURE RIGHTS REGARDING THE CORONAVIRUS
March 12, 2020 by David Adelstein
Filed as: Delay Damages
|
QUICK NOTE:…OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE (OCP COVERAGE)
March 8, 2020 by David Adelstein
Filed as: Insurance
|
GENERAL TIPS WHEN IT COMES TO CONSTRUCTION CONTRACT DRAFTING AND NEGOTIATION
March 7, 2020 by David Adelstein
Filed as: Contract Drafting
|
QUICK NOTE: FRAUDULENT NOTICE OF NONPAYMENT
March 1, 2020 by David Adelstein
Filed as: payment bond
|
PERFORMANCE BOND SURETY’S EQUITABLE SUBROGATION CLAIM AGAINST OWNER
February 29, 2020 by David Adelstein
Filed as: performance bond
|
QUICK NOTE: PARTY ENTITLED TO EVIDENTIARY HEARING ON MOTION TO DISCHARGE LIS PENDENS NOT BASED ON DULY RECORDED INSTRUMENT
February 25, 2020 by David Adelstein
Filed as: lis pendens
|
“OTHER INSURANCE” PROVISIONS TO LIMIT INSURER’S RISK
February 22, 2020 by David Adelstein
Filed as: Insurance, Uncategorized
|
TRANSFERRING VENUE OF MILLER ACT PAYMENT BOND LAWSUIT PER MANDATORY FORUM SELECTION PROVISION
February 16, 2020 by David Adelstein
Filed as: Miller Act
|
SUIT ON SUBCONTRACTOR’S COMMON LAW PAYMENT BOND
February 15, 2020 by David Adelstein
Filed as: payment bond
|
CONTRACTOR PREVAILING AGAINST SUBCONTRACTOR ON COMMON LAW INDEMNITY CLAIM
February 9, 2020 by David Adelstein
Filed as: Indemnification
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QUICK NOTE: SIMPLE BUT THORNY ISSUE OF “CONCURRENT DELAY”
February 2, 2020 by David Adelstein
Filed as: Delay Damages
|
CONSTRUCTION LIEN FORECLOSURE ACTION MUST BE BROUGHT IN COUNTY WHERE PROPERTY LOCATED
January 26, 2020 by David Adelstein
Filed as: Lien
|
CERTIFYING CLAIM UNDER CONTRACT DISPUTES ACT
January 24, 2020 by David Adelstein
Filed as: Contract Disputes Act
|
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
|
60-DAY CLOCK FOR STATUTORY BAD FAITH “CURE PERIOD” STARTS WHEN CIVIL REMEDY NOTICE ELECTRONICALLY FILED
October 24, 2019 by David Adelstein
Filed as: Insurance
|
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
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INSURANCE RISK ASSESSMENT: OCCURRENCE; DUTIES TO DEFEND/INDEMNIFY; COBLENTZ AGREEMENT
February 2, 2014 by David Adelstein
Filed as: Construction Defects, Insurance, Uncategorized
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CONSTRUCTION DEFECT INSURANCE CONSIDERATIONS
January 12, 2014 by David Adelstein
Filed as: Construction Defects, Insurance, Uncategorized
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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
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“CRITICAL PATH” AND “CONCURRENT DELAY” BASICS AS INTERPRETED BY COURTS
December 15, 2013 by David Adelstein
Filed as: Delay Damages, Government Contracting, Uncategorized
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THE IMPORTANCE OF SAFETY
December 1, 2013 by David Adelstein
Filed as: Negligence, safety, Uncategorized
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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
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LEGAL COMPLEXITIES WHEN THERE IS A FAILED PROJECT
November 28, 2013 by David Adelstein
Filed as: Lien, slander of title, Uncategorized, unjust enrichment
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CONSULTANT’S CORNER: PERSPECTIVES FROM A PROPERTY MANAGER REGARDING DEVELOPER TURNOVER
November 23, 2013 by David Adelstein
Filed as: Consultant's corner, Uncategorized
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CONSULTANT’S CORNER: FIVE TIPS FOR BETTER CONSTRUCTION PROJECT DOCUMENTATION
November 20, 2013 by David Adelstein
Filed as: Consultant's corner, Uncategorized
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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
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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
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WHAT IS SUBSTANTIAL COMPLETION?
November 8, 2013 by David Adelstein
Filed as: Contract Drafting, Delay Damages, Substantial completion, Uncategorized
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DIFFERENCE BETWEEN A DESIGN AND PERFORMANCE SPECIFICATION AND THE SPEARIN DOCTRINE
November 3, 2013 by David Adelstein
Filed as: Spearin doctrine, Uncategorized
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WHAT TRIGGERS A LIABILITY INSURER’S DUTY TO DEFEND
October 31, 2013 by David Adelstein
Filed as: Insurance
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A CERTIFICATE OF INSURANCE IS NOT INSURANCE COVERAGE
October 29, 2013 by David Adelstein
Filed as: additional insured, Insurance, Uncategorized
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PRESERVING PERFORMANCE BOND CLAIMS
October 29, 2013 by David Adelstein
Filed as: performance bond, Uncategorized
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ACCELERATION COSTS MONEY
October 22, 2013 by David Adelstein
Filed as: acceleration, Delay Damages, Government Contracting
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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
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PROVING LOST PROFIT DAMAGES WITH A REASONABLE DEGREE OF CERTAINTY
October 13, 2013 by David Adelstein
Filed as: Damages, Uncategorized
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PAY-WHEN-PAID PROVISIONS AND PAYMENT BONDS
October 12, 2013 by David Adelstein
Filed as: Pay-When-Paid, payment bond, Uncategorized
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THE INCLUSION OF LIMITATION OF LIABILITY PROVISIONS FOR DESIGN PROFESSIONALS
October 8, 2013 by David Adelstein
Filed as: Contract Drafting, Design Professionals
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CONTRIBUTION CLAIMS TO PASS-THROUGH LIABILITY
October 7, 2013 by David Adelstein
Filed as: Construction Defects, Negligence, Uncategorized
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THE SCOPE OF A RELEASE IN A SETTLEMENT AND CONTRACTUAL INDEMNIFICATION
October 4, 2013 by David Adelstein
Filed as: Construction Defects, Indemnification, Releases
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STATUTE OF LIMITATIONS ON PERFORMANCE BOND CLAIMS
October 1, 2013 by David Adelstein
Filed as: Construction Defects, performance bond, Uncategorized
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MAKE SURE CONSTRUCTION LIENS ARE PROPERLY PREPARED AND DO NOT CONTAIN ERRORS
September 29, 2013 by David Adelstein
Filed as: Licensing, Lien, Uncategorized
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CONDO ASSOCIATIONS AND CONSTRUCTION LIENS
September 20, 2013 by David Adelstein
Filed as: Lien, Uncategorized
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PROPERTY (INCLUDING ALL-RISK) INSURANCE POLICIES AND THE EFFICIENT PROXIMATE CAUSE DOCTRINE
September 19, 2013 by David Adelstein
Filed as: Uncategorized
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A SURETY’S RIGHT TO DEMAND COLLATERAL SECURITY
September 17, 2013 by David Adelstein
Filed as: Indemnification, injunctions, Uncategorized
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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
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“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
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CGL POLICIES AND THE “YOUR PRODUCT” EXCLUSION
September 10, 2013 by David Adelstein
Filed as: Insurance, Uncategorized
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FLORIDA CONDOMINIUM ACT STATUTORY WARRANTIES — DIFFERENCE BETWEEN MANUFACTURER AND SUPPLIER
September 8, 2013 by David Adelstein
Filed as: Associations (Condo / Homeowners), warranties
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SUBCONTRACTORS AND UNJUST ENRICHMENT CLAIMS
August 24, 2013 by David Adelstein
Filed as: Pay-When-Paid, unjust enrichment
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CARVING OUT EXCEPTIONS IN RELEASES
August 16, 2013 by David Adelstein
Filed as: payment bond, Releases, Uncategorized
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THE REALITY WHEN THE CONSTRUCTION LENDER FORECLOSES
August 15, 2013 by David Adelstein
Filed as: mortgage foreclosure, Uncategorized
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DEFERENCE GIVEN TO ARBITRATION PROVISIONS
August 12, 2013 by David Adelstein
Filed as: Arbitration, Uncategorized
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LIEN TRANSFER BONDS AND VENUE
August 12, 2013 by David Adelstein
Filed as: Contract Drafting, payment bond, Venue
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A THIRD PARTY SUING A LIABILITY CARRIER
July 17, 2013 by David Adelstein
Filed as: additional insured, Insurance
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HOMEOWNERS ASSOCIATIONS AND COMMON LAW IMPLIED WARRANTIES
July 17, 2013 by David Adelstein
Filed as: Associations (Condo / Homeowners), Construction Defects, warranties
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APPRECIATING THE RISKS OR FRUSTRATIONS OF ARBITRATION
July 11, 2013 by David Adelstein
Filed as: Arbitration
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VENUE FOR PAYMENT BOND DISPUTES IN FLORIDA
July 9, 2013 by David Adelstein
Filed as: Contract Drafting, payment bond, Venue
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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
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RECOVERING DELAY RELATED DAMAGES FROM PUBLIC PAYMENT BOND
June 23, 2013 by David Adelstein
Filed as: Delay Damages, Miller Act, payment bond
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TERMINATION FOR CONVENIENCE PROVISIONS ARE ENFORCEABLE UNDER FLORIDA LAW
June 21, 2013 by David Adelstein
Filed as: Termination for Convenience
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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
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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
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UNDERSTANDING AN INSURER’S SUBROGATION RIGHTS
May 30, 2013 by David Adelstein
Filed as: Insurance, Subrogation
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UNDERSTANDING COMMON LAW INDEMNITY
May 22, 2013 by David Adelstein
Filed as: Arbitration, Indemnification
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THE DIFFERENCE BETWEEN LOST PROFIT AND LOSS OF USE DAMAGES
May 15, 2013 by David Adelstein
Filed as: Damages
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SUBCONTRACTORS – READ AND UNDERSTAND THE IMPLICATIONS OF VENUE PROVISIONS
May 15, 2013 by David Adelstein
Filed as: Contract Drafting, Venue
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SUPPORTING CONSTRUCTION DEFECT DAMAGES WITH AN ESTIMATE
April 25, 2013 by David Adelstein
Filed as: Construction Defects, Delay Damages
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PRESERVING CONSTRUCTION LIEN RIGHTS BY SERVING A NOTICE TO OWNER
April 23, 2013 by David Adelstein
Filed as: Lien, Uncategorized
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ARGUMENTS TO RECOVER ATTORNEYS’ FEES AGAINST A MILLER ACT PAYMENT BOND
March 31, 2013 by David Adelstein
Filed as: attorneys fees, Miller Act
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UNDERSTANDING YOUR RIGHTS AS AN ADDITIONAL INSURED
March 9, 2013 by David Adelstein
Filed as: additional insured, Indemnification, Insurance
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THE SLOW OR NOT SO SLOW DEATH OF THE ECONOMIC LOSS RULE
March 9, 2013 by David Adelstein
Filed as: Economic Loss Rule, Negligence
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MORE ON THE HARSH REALITIES OF CONTRACTORS NOT BEING PROPERLY LICENSED
February 16, 2013 by David Adelstein, Esq.
Filed as: Licensing
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THE HARSH REALITIES OF A CONTRACTOR NOT BEING PROPERLY LICENSED
February 16, 2013 by David Adelstein, Esq.
Filed as: Licensing
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FURTHER CONFUSION TO RECOVERING ATTORNEYS’ FEES IN A LIEN ACTION
November 23, 2012 by David Adelstein, Esq.
Filed as: attorneys fees, Lien
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VENUE PROVISIONS – READ WHAT YOU SIGN!
November 16, 2012 by David Adelstein, Esq.
Filed as: Contract Drafting, Venue
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THE ENFORCEABILITY OF TERMINATION FOR CONVENIENCE PROVISIONS
November 8, 2012 by David Adelstein, Esq.
Filed as: Contract Drafting, Termination for Convenience
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INTERFERING, EXISTING UNDERGROUND UTILITIES
October 27, 2012 by David Adelstein
Filed as: Negligence, Uncategorized
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TRANSFERRING A LIEN TO A LIEN TRANSFER BOND DURING A LIEN FORECLOSURE LAWSUIT
May 18, 2012 by David Adelstein
Filed as: Lien
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INDEMNITY AGREEMENTS BETWEEN A SURETY AND ITS BOND PRINCIPAL
May 15, 2012 by David Adelstein
Filed as: Indemnification
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THE CARDINAL CHANGE DOCTRINE
May 15, 2012 by David Adelstein
Filed as: Changes / Change Orders, Government Contracting
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BUTTONING-UP CONTRACTUAL INDEMNIFICATION LANGUAGE
May 15, 2012 by David Adelstein
Filed as: Contract Drafting, Indemnification
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STATUTORY IMPLIED WARRANTIES FOR CONDOMINIUM ASSOCIATIONS
March 4, 2012 by David Adelstein
Filed as: Associations (Condo / Homeowners), Construction Defects
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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
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A CONSULTING ENGINEER / ARCHITECT’S PROTECTION FROM A NEGLIGENCE CLAIM BY A CONTRACTOR
November 27, 2011 by David Adelstein
Filed as: Design Professionals, Negligence
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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
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CAREFUL DRAFTING OF PAY-WHEN-PAID PROVISIONS
November 27, 2011 by David Adelstein
Filed as: Contract Drafting, Pay-When-Paid
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CONTRACTORS AND SUPPLIERS-DO NOT NEGLECT THE NOTICE REQUIREMENTS IN FLORIDA’S LIEN LAW
October 9, 2011 by David Adelstein
Filed as: Lien
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OWNERS DEFENDING A LIEN – ESPECIALLY A PATENTLY FRAUDULENT LIEN
October 2, 2011 by David Adelstein
Filed as: Lien
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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
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CGL POLICIES AND THE IMPORTANCE OF COUCHING THE CLAIM TO THE INSURER
August 24, 2011 by David Adelstein
Filed as: Insurance
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ASSERTING NEGLIGENCE AGAINST A CONSTRUCTION-MANAGER OR OWNER’S REPRESENTATIVE
August 14, 2011 by David Adelstein
Filed as: Negligence, Uncategorized
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THE DIFFICULTY IN PREVAILING IN A BID PROTEST
August 14, 2011 by David Adelstein
Filed as: Public Procurement
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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
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MORE ON PRECONSTRUCTION AGREEMENTS AND DEPOSITS (an update to 7/16/11 post)
July 23, 2011 by David Adelstein
Filed as: Real Estate Deposits
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OWNERS DON’T FORGET ABOUT SERVING A REQUEST FOR SWORN STATEMENT OF ACCOUNT
July 17, 2011 by David Adelstein
Filed as: Lien
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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
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OWNERS SHOULD BE CONCERNED WITH PREMISES LIABILITY CLAIMS ARISING FROM INJURIES DURING CONSTRUCTION
July 3, 2011 by David Adelstein
Filed as: Premise Liability, safety
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PERSPECTIVES ON THE COMPETITIVE (OR NOT SO COMPETITIVE) PUBLIC PROCUREMENT PROCESS
June 25, 2011 by David Adelstein
Filed as: Public Procurement
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THE IMPORTANCE OF PROPER CONSTRUCTION CONTRACTING LICENSES
June 19, 2011 by David Adelstein
Filed as: Licensing, Uncategorized
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COMPLYING WITH POST-LOSS POLICY CONDITIONS UNDER AN INSURANCE POLICY
June 16, 2011 by David Adelstein
Filed as: Insurance, Uncategorized
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ARGUMENTS FOR LENDER LIABILITY WHEN CONTRACTORS REMAIN UNPAID ON A CONSTRUCTION PROJECT
June 15, 2011 by David Adelstein
Filed as: lender liability, Uncategorized
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UNDERSTANDING INSURANCE COVERAGE – NOT AN EASY FEAT
June 13, 2011 by David Adelstein
Filed as: Uncategorized
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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
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WELCOME TO MY BLOG ON CONSTRUCTION LAW UPDATES
June 9, 2011 by David Adelstein
Filed as: Uncategorized
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