NOTIFICATION TO INSURER AND THE “UNTIMELY NOTICE” FIGHT
Notice, notice, notice. This should be your mindset when it comes to notifying your insurance carrier of a potential claim or loss. I get it. Notice means opening up a claim number and the potential increase in insurance premiums. Yet, untimely notice could mean fighting with your insurance...
DOES YOUR JURISDICTION RECOGNIZE THE CARDINAL CHANGE DOCTRINE?
The contract was cardinally changed. Have you heard that before? It is a “sexy” doctrine, but, in actuality, cardinal change is hard to demonstrate. Under certain factual scenarios, it could have traction, but whether it will be recognized in the jurisdiction is typically a...
FOUR ELEMENTS TO PROVE TYPE 1 DIFFERING SITE CONDITIONS CLAIM
There are two types of differing site conditions claims. A Type 1 claim and a Type 2 claim. The Federal Acquisition Regulations (FAR) describes these claims, which are often described similarly in any construction contract that has a
IF YOU WANT TO ARBITRATE, DON’T WAIVE YOUR RIGHTS TO DO SO
I have said this before, but it is worth saying it again. Arbitration is a creature of contract. This means if you want your dispute to be decided by an arbitrator through a binding arbitration process, you need have a written arbitration agreement. Such agreement is...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com