QUICK NOTE: EICHLEAY DAMAGES (UNABSORBED HOME OFFICE OVERHEAD)
In the previous posting, I discuss the Civilian Board of Contract Appeals’ case of Quality Trust, Inc. That case deals with a claim known as constructive suspension. However, the case also discusses unabsorbed home office overhead damages known as Eichleay damages, which are hard damages...
A CLAIM FOR CONSTRUCTIVE SUSPENSION DOES EXIST
A claim for constructive suspension does exist:
“Constructive suspension occurs when work is stopped absent an express order by the contracting officer and the overnment is found to be responsible for the work stoppage.” “A constructive suspension will be found on...
ADMISSIONS IN ANSWERS TO CONSTRUCTION LAWSUITS MATTER
Ogden v. Defelice, 50 Fla.L.Weekly D937d (Fla. 5th DCA 2025), is a construction case that doesn’t talk about construction issues. Go figure. Nonetheless, it does touch upon two worthy considerations: (i) admissions in answers to lawsuits; and (ii) fictitious names. Both issues apply to construction...
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...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com