APPLICABILITY OF FLORIDA’S BUILDING CODE IS A QUESTION OF LAW
The application of Florida’s Building Code is a question of law for the court. It's NOT a question for a witness to determine.
In a recent personal injury dispute dealing with the tripping and falling on a public sidewalk, a key issue included...
THE PREFATORY WHEREFORE CLAUSES IN AGREEMENTS MATTER
When drafting agreements, the language matters. This is because agreements are not intended to be construed in a vacuum. Sections of an agreement are not to be interpreted in isolation. Agreements are intended to be constructed in the context of the ENTIRE agreement. This is why there is...
SUBSTANTIATING TERMINATION FOR CONVENIENCE COSTS
A termination for convenience clause is an important provision in construction contracts, particularly for the owner. An owner needs the contractual right to terminate a contractor for convenience. This means the owner does NOT need a reason to exercise a termination. This is...
WEATHER DELAY CLAIM – OWNER DELAY PUSHES CONTRACTOR INTO WORSE SEASONAL ADVERSE WEATHER
In government contracting, a contractor is entitled to a time extension for “unusually severe weather.” However, this time extension is typically not compensable (meaning you get time, but not additional compensation). However, “a contractor may bring a claim for compensable delay when government delay...
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...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com