CREDIBILITY MATTERS…EVEN IN DELAY CLAIMS
Credibility matters. Here’s another example involving a delay claim on public private partnership delivery method.
The project agreement required claims to be tried by a hearing examiner. The public private partnership developer (for lack of a better term) submitted delay claims that it contended were caused by...
OWNER TAKING ASSIGNMENT OF GENERAL CONTRACTOR’S CLAIMS AGAINST A SUBCONTRACTOR(S)
TWO IMPORTANT POINTS REGARDING THE MILLER ACT
A recent Miller Act case, U.S. f/u/b/o Boundless Management Outsourcing Group, LLC v. Endurance Assurance Corp, 2026 WL 2241491 (D. Puerto Rico 2026), confirms two important points when it comes to the Miller Act. In this case, a subcontractor pursued a Miller Act payment bond lawsuit...
SURETY REQUIRING COLLATERAL SECURITY UNDER GENERAL AGREEMENT OF INDEMNITY
In order to procure bonds (payment and performance bonds), you need to sign a General Agreement of Indemnity (referred to as the “GAI”) with the surety (bonding company). It does not matter the surety issuing the bonds, the terms and conditions in the General Agreement of Indemnity are...
LIENOR DEALING WITH “SHOW CAUSE” SUMMONS BY CONDOMINIUM UNIT OWNER
One of the statutory vehicles to shorten a construction lienor’s statute of limitations to foreclose on a construction lien is through a “show cause” summons that essentially requires the lienor to foreclose on the lien within 20 days from receipt of the “show cause” summons. This...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com