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Recent Posts
SPECIFIC PERFORMANCE: EQUITABLE REMEDY TO ENFORCE AFFIRMATIVE OBLIGATION
Posted on 19 December, 2020
When a party breaches an agreement, particularly when dealing with real estate, there is an equitable remedy known as specific performance that requests the trial judge issue an order to affirmatively force the breaching party to perform, i.e., close on the real estate contract. You are asking the court to...
BURDEN SUPPORTING TERMINATION FOR DEFAULT
Posted on 12 December, 2020
Terminating a contractor for default is a “‘drastic sanction’ and ‘should be imposed (or sustained) only for good grounds and on solid evidence.’” Cherokee General Corp. v. U.S., 150 Fed.Cl. 270, 278 (Fed.Cl. 2020) (citation omitted). This is true with any termination for default because terminating a contract...
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...
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