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Recent Posts
BLINDLY RELYING ON PUBLIC ADJUSTER OR LOSS CONSULTANT’S FALSE ESTIMATE CAN PLAY OUT BADLY
Posted on 3 April, 2021
Insurance policies, particularly property insurance policies, have a concealment or fraud provision that, in essence, gives the insurer an out if the insured submits a fraudulent claim, a false claim, or conceals material facts. Unlike a traditional fraud claim where a party needs to prove intent, the provision...
QUICK NOTE: COMPELLING ARBITRATION BASED ON EQUITABLE ESTOPPEL
Posted on 28 March, 2021
In the prior posting, I discussed arbitration provisions and to clearly and unmistakably include in the arbitration provision the person -- judge or arbitrator -- you want to determine the arbitrability of a given dispute.
In another posting, I discussed how the doctrine of
CLEARLY DETERMINING IN CONTRACT WHO DETERMINES ARBITRABILITY OF DISPUTE
Posted on 27 March, 2021
As you know from prior postings: “Arbitration provisions are creatures of contract and must be construed ‘as a matter of contract interpretation.' ” Fallang Family Limited Partnership v. Privcap Companies, LLC, 46 Fla.L.Weekly D639e (Fla. 4th DCA 2021) (citation omitted). Thus, if you prefer to arbitrate potential...
ADDITIONAL ELEMENTS A PLAINTIFF MUST PLEAD AND PROVE TO ENFORCE RESTRICTIVE COVENANT
Posted on 21 March, 2021
Florida Statute s. 542.335 is a statute that deals with restrictive covenants in contracts that impose a restraint on trade. It is an important statute to determine invalid restraints on trade that unreasonably or unfairly prevent competition. Any invalid restraint on trade...
DEATH OF SUBCONTRACTOR’S UNJUST ENRICHMENT CLAIM AGAINST PROJECT OWNER
Posted on 13 March, 2021
In a previous article, I discussed a subcontractor’s unjust enrichment claim against a project’s owner and the death of this equitable claim if the owner fully paid the general contractor or paid the general contractor for the subcontractor’s work. This can be best summarized from 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