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Analyzing legal issues that
impact parties across the
construction industry.
DON’T ASSERT AS A COUNTERCLAIM TO A LIEN FORECLOSURE LAWSUIT AN ORDER TO SHOW CAUSE CLAIM
If there is a construction lien on your property and you don’t like the lien, here are options to deal with the lien:
1. You negotiate a resolution a get a satisfaction of lien to record in the public records. Or, you can transfer the...
RISK ASSOCIATED WITH DESIGN-BUILD PROJECT DELIVERY METHOD
The design-build project delivery method is when the design-builder (typically the contractor) is responsible for both the design and construction of the project. Thus, the responsibility for both the design and construction falls under the same umbrella and, naturally, carries more risk. The discussion below demonstrates...
QUICK NOTE: DON’T SUE YOUR ARBITRATOR
THE FAILURE TO PURSUE A CONSTRUCTION LIEN DOES NOT CREATE A “GOTCHA” ARGUMENT
Just because a party does not pursue its lien rights, or waives it lien rights, or satisfies its lien, does NOT mean the party is foreclosed of its other rights, such as breach of contract or unjust enrichment. Florida’s Construction Lien Law even states that it...
DOCTRINE OF SUPERIOR KNOWLEDGE IN GOVERNMENT CONTRACTING
In government contracting claims, the contractor may argue the government had superior knowledge as to key facts and failed to share its superior knowledge with the contractor, which ultimately cost the contractor more money/time. “Under the doctrine of superior knowledge, the Government has ‘an...
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