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...
MILLER ACT STATUTE OF LIMITATIONS AND EQUITABLE TOLLING
When it comes to a Miller Act payment bond claim, there is a one-year statute of limitations—“The Miller Act contains a statute of limitations provision that requires actions to ‘be brought no later than one year after the day on which the last of the labor was performed...
QUICK NOTE: PHYSICAL LOSS OR DAMAGE UNDER PROPERTY INSURANCE POLICY = ACTUAL, TANGIBLE ALTERATION TO PROPERTY
In one of Florida’s first appellate opinions dealing with business interruption losses and COVID-19, the appellate court found COVID-19 was not covered under the terms of the commercial property insurance policy to cover business interruption losses. In this case, a restaurant/bar suffered losses due to emergency measures imposed by Miami Dade...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com