Let me
Represent YOUR
Construction
Interests!
Analyzing legal issues that
impact parties across the
construction industry.
UNJUST ENRICHMENT DAMAGES MUST BE MEASURABLE AND QUANTIFIABLE
Just because you are pursuing a claim for unjust enrichment does not mean you don’t have to still prove your damages with a reasonable degree of certainty. You ABSOLUTELY do:
Under Florida law, unjust enrichment damages must reflect the reasonable value of the plaintiff’s labor...
WARY TO THE UNLICENSED CONTRACTOR – YOU ARE SH*T OUT OF LUCK
Constructing licensing is governed under Florida Statutes Chapter 489. Under Florida Statute s. 489.128, an unlicensed contractor has NO rights or remedies. Stated differently, an unlicensed contractor is “sh*t out of luck!”. However, what’s been complicated, and it really shouldn’t be, is what contractors need...
AGENCY PRINCIPLES MATTER (INCLUDING WHEN IT COMES TO ARBITRATION PROVISIONS)
A non-construction case touches upon important considerations regarding arbitration and agency principles. Agency principles matter and while this case deals with agency principles relative to arbitration, the principles can be extrapolated to a variety of scenarios.
Here are the key facts in the...
A CONTRACT IS A CONTRACT: RELEASES AND CHANGE ORDERS / BILATERAL MODIFICATIONS ARE CONSTRUED AS CONTRACTS
A contract is a contract. It should say what it means and means what it says. A release is construed like a contract. A change order or bilateral modification is construed like a contract. The decision out of the United States Court...
SPEARIN DOCTRINE CAN APPLY IN DESIGN-BUILD CONTEXT
The Spearin doctrine is a doctrine in the construction industry that broadly means the owner impliedly warrants the constructability of the plans and specifications given to the contractor. This implied warranty attaches to a design specification, but not a performance specification. A question arises as...
About The Author

David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com
Pages
- About Me (David Adelstein)
- Bid Protests (Florida bid protests and Federal bid protests)
- Construction & Design Defects (and Florida Statutes Chapter 558)
- Construction Contracts
- Construction Liens
- Construction Safety, Workers Compensation Insurance, and Premise Liability Claims
- Delays, Acceleration, and Inefficiency (Lost Productivity)
- Insurance and Performance Bonds
- Payment Bonds Including Miller Act




