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Recent Posts

OWNER’S OBLIGATION GIVING NOTICE TO CURE TO CONTRACTOR AND ANALYZING REPAIR PROTOCOL

Posted on 19 November, 2016
Recently, I read an informative article from another attorney addressing considerations of an owner when it receives a repair protocol in response to a Florida Statutes Chapter 558...

THE CONSTRUCTION PROJECT IS LATE – ALLOCATION OF DELAY

Posted on 13 November, 2016
The construction project is late.  Very late.  The owner is upset and notifies the contractor that it is assessing liquidated damages.   The contractor, in turn, claims that the project is late because of excusable, compensable delays and, perhaps, excusable, noncompensable delays. ...

FINAL FURNISHING DATE IS A QUESTION OF FACT

Posted on 7 November, 2016
Construction liens need to be recorded within 90 days from the lienor’s final furnishing date on the project.  This date is exclusive of punchlist or warranty work. The final furnishing date needs to be proven at trial to establish...

QUICK NOTE: ATTORNEY’S FEES AND THE SIGNIFICANT ISSUES TEST

Posted on 3 November, 2016
Attorney's fees become a component of damages that parties seek to recover whenever there is a contractual or statutory basis for them to recover their fees.  Parties want to be able to recover all or substantially most of the attorney's fees they incurred in pursuing their claim....

MILLER ACT PAYMENT BONDS

Posted on 28 October, 2016
Do you do work on federal construction projects?  Are you familiar with the Miller Act?  Below is a portion of a recent presentation on Miller Act payment bonds. Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article....