SUBCONTRACTOR STRIKES OUT IN ITS CLAIMS AGAINST FEDERAL GOVERNMENT
Is it a good idea for a subcontractor to sue the federal government? A recent case would suggest NO--way too many huge hurdles for the subcontractor to overcome. No matter how creative the arguments may be, it's a high mountain to climb.
In Fox Logistics & Construction Co. v. U.S., 2024...
CONTRACTUAL SETOFF AND APPLICATION WHEN PERFORMANCE BOND BUYS OUT OF ITS EXPOSURE
The theory of “setoff” is an important theory in construction disputes. Florida’s Fourth District Court of Appeal recently provided worthy discussion on contractual setoffs:
Setoffs in contract claims are governed by section 46.015(2), which provides that if a plaintiff has released “any person in partial satisfaction of the...
CUMULATIVE IMPACT CLAIMS AND DEFINITION BY CERTAIN BOARDS
What is a cumulative impact claim? This is commonly referred to as the unforeseeable ripple effect of changes, i.e., the death by a thousand cuts. Cumulative impact claims refer to a disruption on productivity based on the cumulative impact of changes and their impact on unchanged work. Cumulative impact claims...
THINK BEFORE YOU EXECUTE THAT RELEASE – THE LANGUAGE IN THE RELEASE MATTERS!
If you execute a release in exchange for payment or other consideration, remember the language in the release means something. THE RELEASE LANGUAGE MATTERS! And the meaning in the release may be way more than you intended so please make sure you truly digest and consider release language...
OWNER CAN’T PURSUE STATUTORY SHOW CAUSE COMPLAINT TO CANCEL LIEN… FAIR OUTCOME?
If there is a payment dispute with a construction lienor --- could be a contractor, a subcontractor, or supplier – it is possible, and more than likely, a construction lien may get recorded against real property. This scenario is not uncommon as the lien is...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com