Let me
Represent YOUR
Construction
Interests!
Analyzing legal issues that
impact parties across the
construction industry.
Recent Posts
QUICK NOTE: STAYING, NOT DISMISSING, ARBITRABLE DISPUTES UNDER FEDERAL ARBITRATION ACT
Posted on 23 June, 2024
As you hopefully know from posted articles, arbitration is a creature of contract. Stated differently, there must be a contractual basis to have a dispute resolved through binding arbitration. The Federal Arbitration Act (FAA) applies to transactions involving interstate commerce. Oftentimes, lawsuits are filed despite an arbitration provision in a...
DELAYS AND SUSPENSION OF THE WORK UNDER FIXED PRICE GOVERNMENT CONTRACT
Posted on 22 June, 2024
Here is an interesting fact pattern and case decided by the Civilian Board of Contract Appeals dealing with (1) force majeure type events and epidemics (Covid-19); (2) suspension of the work; and (3) delays. These are three topics important to all contractors including federal contractors.
In Lusk Mechanical Contractors, Inc. v...
SPECIFIED OR DESIGNATED OPERATIONS ENDORSEMENT – LIMITATION OF INSURANCE COVERAGE
Posted on 16 June, 2024
Your commercial general liability (CGL) policy may contain a specified or designated operations endorsement. This does not operate as an exclusion but as a LIMITATION of coverage. The endorsement may provide that bodily injury or property damage ONLY applies to the operations or business described therein....
SUBCONTRACTOR STRIKES OUT IN ITS CLAIMS AGAINST FEDERAL GOVERNMENT
Posted on 15 June, 2024
Is it a good idea for a subcontractor to sue the federal government? A recent case would suggest NO--way too many huge hurdles for the subcontractor to overcome. No matter how creative the arguments may be, it's a high mountain to climb.
In Fox Logistics & Construction Co. v. U.S., 2024...
CONTRACTUAL SETOFF AND APPLICATION WHEN PERFORMANCE BOND BUYS OUT OF ITS EXPOSURE
Posted on 9 June, 2024
The theory of “setoff” is an important theory in construction disputes. Florida’s Fourth District Court of Appeal recently provided worthy discussion on contractual setoffs:
Setoffs in contract claims are governed by section 46.015(2), which provides that if a plaintiff has released “any person in partial satisfaction of the...
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