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Recent Posts
COMPARATIVE FAULT APPLIED IN OWNER’S LAWSUIT AGAINST CONTRACTOR AND ENGINEER
Posted on 26 July, 2020
There is nothing like a good old-fashioned dispute between an owner and its general contractor and design professional relating to construction and design defects where both parties have a role in the owner’s damages. There are arguments that both the general contractor and design professional substantially contributed to...
BASIS TO RESCIND A CONTRACT UNDER EQUITABLE REMEDY OF RESCISSION
Posted on 18 July, 2020
When a seller of residential real property fails to knowingly disclose defects that are not readily observable and materially affects the value of the real property, this gives rise to a fraudulent nondisclosure or concealment claim, otherwise known as a Johnson v. Davis claim. (See this
QUICK NOTE: USE COUNSEL WHEN PREPARING A NOTICE OF NONPAYMENT
Posted on 12 July, 2020
If you are a subcontractor or supplier working on a private construction project, you always want to pull up the Notice of Commencement from the public records to see if there is a payment bond in place. If there is not, you know you have to preserve your...
OPTICAL ILLUSION SUPPORTING PREMISE LIABILITY CLAIM
Posted on 5 July, 2020
Can an uncommon design or mode of construction that creates an “optical illusion” on property create an issue of fact for a premise liability claim? According to the Third District Court of Appeal in Echevarria v. Lennar Homes, LLC, 45 Fla. L. Weekly D1567a (Fla. 3d DCA 2020),...
CLASS ACTION CERTIFICATION BY ASSOCIATION FOR “MATTERS OF COMMON INTEREST”
Posted on 4 July, 2020
Associations have authority to pursue as a class, on behalf of all of their respective members, lawsuits “concerning members of common interest to the members.” Fla. R. Civ. P. 1.221. This includes, but is not limited to, the common property or the areas in which the association is...
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