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Analyzing legal issues that
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construction industry.
ARBITRATION PROVISION MUST BE INCORPORATED INTO A BOND FOR SURETY TO ELECT ARBITRATION
“Sureties cannot exercise unilateral election rights that are reserved for the principal of the underlying contract.” Anderson Service Corp. v. Old Republic Surety Company, 2026 WL 61436, *2 (Fla. 4th DCA 2026). This was the holding in a recent case dealing with arbitration.
In this...
STANDING WHEN IT COMES TO REAL PROPERTY OWNED BY A TRUST
It is not uncommon for property to be owned in the name of the trust as part of an estate planning agenda. In construction, improvements are made all the time to real property owned in the name of a trust or later transferred to a trust for estate...
BREACH OF FIDUCIARY DUTY AND NEGLIGENT MISREPRESENTATION CLAIMS AGAINST INSURANCE BROKER
Can an insurance broker be liable for breach of fiduciary duty and negligent misrepresentation? Stated differently, can an insurance broker be liable for these claims even if the insurance broker has been found not to be liable for the negligent failure to procure insurance? Well, a recent appellate...
QUICK NOTE: INCLUDE KEY TIME RELATED FACTS IN CONTRACT TO AVOID AN AMBIGUITY
TIME TO NEGOTIATE LIMITATION ON REMEDIES AND DAMAGES IS ON THE FRONT END
Remember, when it comes to contracts, the time to negotiate and enter into mutually agreed upon bargains is on the front end. And, if the contract is not negotiable, at least you know that and can make the business decision whether you want to accept the bargains and...
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




