QUICK NOTE: CHOICE OF LAW PROVISIONS
It is common for construction contracts to include a choice-of-law provision or language. This is language that says the contract is to governed under the laws of the state of Florida (by way of example). Pick any jurisdiction. There may be other language in the provision, but the gist is...
NOTICE PROVISIONS IN CONTRACTS MATTER
GOVERNMENT PROCUREMENT BID PROTEST – ARBITRARY AND CAPRICIOUS REQUIREMENT
The recent decision, Gemini Tech Services, LLC v. U.S., 2025 WL 2080407 (Fed.Cl. 2025), demonstrates the (difficult) standard in protesting a government’s procurement decision, i.e., a bid protest. In this matter, a protestor pursued a post-award bid protest of a government contract to perform certain support services for...
CONSEQUENTIAL vs. DIRECT DAMAGES AND WAIVER OF CONSEQUENTIAL DAMAGES
In a recent case, a design professional tried to argue it had a “get out of jail free” costs for repair and remediation costs an owner sustained due to structural engineering errors and omissions. The “get out of jail” free card was based on a waiver...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com
INSURANCE BROKER CAN BE LIABLE FOR OMISSION OF COVERAGE
Claims against an insurance agent / broker can be actionable in negligence. Such a claim can arise with omitted insurance. “The party seeking to establish that improperly omitted insurance coverage was available must only show that ‘the requested coverage was generally available in the insurance industry...