WEATHER DELAY CLAIM – OWNER DELAY PUSHES CONTRACTOR INTO WORSE SEASONAL ADVERSE WEATHER
In government contracting, a contractor is entitled to a time extension for “unusually severe weather.” However, this time extension is typically not compensable (meaning you get time, but not additional compensation). However, “a contractor may bring a claim for compensable delay when government delay...
DON’T ASSERT AS A COUNTERCLAIM TO A LIEN FORECLOSURE LAWSUIT AN ORDER TO SHOW CAUSE CLAIM
If there is a construction lien on your property and you don’t like the lien, here are options to deal with the lien:
1. You negotiate a resolution a get a satisfaction of lien to record in the public records. Or, you can transfer the...
RISK ASSOCIATED WITH DESIGN-BUILD PROJECT DELIVERY METHOD
The design-build project delivery method is when the design-builder (typically the contractor) is responsible for both the design and construction of the project. Thus, the responsibility for both the design and construction falls under the same umbrella and, naturally, carries more risk. The discussion below demonstrates...
QUICK NOTE: DON’T SUE YOUR ARBITRATOR
THE FAILURE TO PURSUE A CONSTRUCTION LIEN DOES NOT CREATE A “GOTCHA” ARGUMENT
Just because a party does not pursue its lien rights, or waives it lien rights, or satisfies its lien, does NOT mean the party is foreclosed of its other rights, such as breach of contract or unjust enrichment. Florida’s Construction Lien Law even states that it...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com