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Analyzing legal issues that
impact parties across the
construction industry.
RIPENESS OF NEGLIGENCE CLAIM AGAINST INSURANCE BROKER
A recent case supports the principle that a negligence claim against your insurance broker is NOT ripe until your insurance coverage dispute is resolved. In this case, a plaintiff sued his carrier in a coverage dispute and his insurance broker in negligence. The trial court denied the negligence...
QUICK NOTE: DON’T SPOIL EVIDENCE!!!!
YOU NEED TO READ AND LEARN WHAT YOU SIGN!
You need to read and learn what you sign!
The argument you did not read what you signed is a no-go. It’s not an argument you want to bank on in any way, shape, or form.
Here’s an example. In a recent case, a...
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...
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




