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Recent Posts
ENDORSEMENT TO INSURANCE POLICY CONTROLS
Posted on 20 March, 2022
I’ve said this before, and I’ll say it again: an insurance policy is a complicated reading and this reading gets compounded with endorsements that modify aspects of the policy.
What you think may be covered may in fact not be covered by virtue of an...
MIORELLI DOCTRINE’S SOVEREIGN IMMUNITY IN PUBLIC CONSTRUCTION CONTRACTS — NOT THE BE-ALL AND END-ALL
Posted on 13 March, 2022
In the Florida commercial contract public arena, there is a sovereign immunity doctrine known as the Miorelli doctrine after 1997 Florida Supreme Court decision, County of Brevard v. Miorelli Eng’g, Inc., 703 So.2d 1049 (Fla. 1997). This doctrine would apply to construction contracts between...
YOU ARE NOT A “LIAR” SIMPLY BECAUSE YOU AMEND YOUR COMPLAINT
Posted on 6 March, 2022
In litigation, it is common for a plaintiff to amend their complaint. They may amend to add additional parties. To add new claims. To change the factual allegations. Or, to change the theme of their case.
Most of the time, complaints are not verified by the plaintiff. Instead, complaints...
EXPRESS WARRANTY TRUMPING SPEARIN’S IMPLIED WARRANTY
Posted on 27 February, 2022
Be mindful of that express warranty provision in your contract. It could result in an outcome that you did not consider or factor when submitting your proposal or agreeing to your contract amount.
An express warranty could have the effect of eviscerating the argument that you performed your scope of work...
THERE IS NO SYMPATHY IF YOU FAIL TO READ CLOSELY THE FINAL NEGOTIATED CONSTRUCTION CONTRACT
Posted on 20 February, 2022
When an opinion in a case starts with, “Unlike some motions, not even the most ingenious lawyers could make this one complicated,” you know you are in for an interesting read. This was how the opinion started in U.S. f/u/b/o Hambric Steel and Fabrication, Inc. v. Leebcor Services, LLC,...
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