
Let me
Represent YOUR
Construction
Interests!
Analyzing legal issues that
impact parties across the
construction industry.
Recent Posts
SEPARATION OF INSUREDS PROVISION IN CGL POLICIES
Posted on 1 August, 2020
CGL policies contain a “Separation of Insureds” provision. This provision oftentimes states:
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned this Coverage Part to the first Named Insured, this insurance applies:
1. As if each named insured were the...CONSTRUCTION DEFECT DAMAGES: BENEFIT-OF-THE-BARGAIN OR RELIANCE RECOVERY
Posted on 27 July, 2020
In the preceding article, I discussed a case where an owner sued its contractor and design professional for construction defects and design defects that contributed to the same damage. There was a valuable discussion in this case as to the measure of damages in...
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...
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