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Analyzing legal issues that
impact parties across the
construction industry.
QUICK NOTE: PRINCIPAL ARGUING BAD FAITH AGAINST ITS OWN SURETY
The General Agreement of Indemnity a principal executes with its surety is the most--and certainly one of the most--powerful documents in construction. Consider this when executing a General Agreement of Indemnity in order to procure bonds.
In a recent case, the surety sought indemnity from its indemnitors...
ESTABLISHING JUSTIFICATION FOR TERMINATION FOR DEFAULT
A termination for default (for cause) is drastic recourse. It operates as the harshest breach of contract recourse out there. The reason being is that you are saying the other side's breach of the contract is material—goes to the essence of the contract—and forms...
FLORIDA IS NOT PLAYING GAMES WITH UNLICENSED CONTRACTING
Lately, Florida is NOT playing any games with unlicensed contractors. And the results are harsh. BE WARY.
This is demonstrated in the recent opinion CAM Bradford Homes, LLC v. Arrants, 2025 WL 1715893 (Fla. 5th DCA 2025).
In this case, an owner hired a contractor to...
QUICK NOTE: PROCURE WORKER’S COMPENSATION IN THE NAME OF YOUR COMPANY IF YOU ARE A GENERAL CONTRACTOR
If you are a general contractor (or the contractor responsible for hiring subcontractors), please make sure to procure a worker’s compensation and employer’s liability insurance policy. Also, don’t think you are “fully covered” if you have worker’s compensation through a professional employer’s organization, otherwise known as a PEO....
RIGHTFULLY RECOVERING UNDER A COBLENTZ AGREEMENT
“In Florida, a party seeking...
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