
Let me
Represent YOUR
Construction
Interests!
Analyzing legal issues that
impact parties across the
construction industry.
Recent Posts
READ THE PROPERTY INSURANCE POLICY TO BE SURE YOU ARE COMPLYING WITH POST LOSS OBLIGATIONS
Posted on 5 December, 2020
I have discussed this before in prior postings, but it is worth repeating. It is imperative for an insured to comply with post loss obligations in a property insurance policy. Not doing so gives the insurer the argument that its insured forfeited coverage under the policy. Naturally, this...
MILLER ACT PAYMENT BOND SURETY BOUND TO ARBITRATION AWARD
Posted on 28 November, 2020
Here is an interesting case binding a Miller Act payment bond surety to an arbitration award against its prime contractor (bond principal) that it received sufficient notice of. Notice is the operative word. The surety could have participated in the arbitration, elected not to, and when...
QUICK NOTE: ARTICLE ON CONSTRUCTION CLAIMS AND MANAGING RISK
Posted on 24 November, 2020
Recently, I shared an article with LevelSet about common construction claims and how to manage the risk with construction claims. Check out the article here. The article touches upon issues regarding: i) knowing your scope of work; ii) understanding the contract documents; iii) knowing your...
SUBCONTRACT SHOULD FLOW DOWN DELAY CAUSED BY SUBCONTRACTORS
Posted on 21 November, 2020
A general contractor’s subcontract with its subcontractor should include a provision that entitles it to flow down liquidated damages assessed by the owner stemming from delays caused by the subcontractor. Such a provision does not mean the general contractor does not have to prove...
DON’T SIGN A CONTRACT THAT DOESN’T ADDRESS COVID-19 (OR PANDEMICS AND EPIDEMICS)
Posted on 15 November, 2020
Do yourself a favor: Don't sign a construction contract that doesn't address COVID-19 or any pandemic or epidemic from this point forward!
As the number of COVID-19 numbers rise, it would be reasonable to think this could have an impact on ongoing or future construction projects. For this...
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