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Recent Posts
DOES THE UCC APPLY TO THE CONTRACT FOR THE SALE OF GOODS AND SERVICES
Posted on 29 May, 2022
What governs the transaction for the hybrid contract that includes both goods and services--the Uniform Commercial Code (UCC) or the common law? A question that is asked in numerous disputes. A good example is the recent case out of the Eleventh Circuit Court of Appeals, Wadley Crushed Stone Company, LLC v....
QUICK NOTE: ATTORNEY’S FEES ON ATTORNEY’S FEES
Posted on 22 May, 2022
In a recent case, the appellate court held that the attorney's fees provision in the contract was NOT broad enough to entitle the prevailing party to recover attorney's fees for litigating the amount of attorney's fees. This is known as "fees on fees" which is when...
FILING LIEN FORECLOSURE LAWSUIT AFTER SERVING CONTRACTOR’S FINAL PAYMENT AFFIDAVIT
Posted on 21 May, 2022
If you are an unpaid contractor in direct contract with the owner of real property, you should be serving a Contractor’s Final Payment Affidavit prior to foreclosing on your construction lien. This should extend to any trade contractor hired directly by the owner. As a matter of course,...
RECOVERING UNABSORBED HOME OFFICE OVERHEAD DUE TO DELAY
Posted on 15 May, 2022
In the preceding article, I discussed the use of a retrospective as-built delay analysis in a case before the Civilian Board of Contract Appeals (CBCA). This case also discussed a damages component in certain delay claims known as unabsorbed home office overhead—a challenging damages...
A RETROSPECTIVE AS-BUILT SCHEDULE ANALYSIS CAN BE USED TO SUPPORT DELAY
Posted on 8 May, 2022
Delay claims are part of construction. There should be no surprise why. Time is money. A delay claim should be accompanied by expert opinions that bolster evidence that gets introduced. The party against whom the delay claim is made will also have an expert – a...
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