
Let me
Represent YOUR
Construction
Interests!
Analyzing legal issues that
impact parties across the
construction industry.
Recent Posts
ACTIVELY INTERFERING WITH ANOTHER’S PERFORMANCE GIVES RISE TO A BREACH OF CONTRACT
Posted on 26 April, 2020
A bedrock principle under contract law is that one party cannot actively hinder, interfere, obstruct, or delay another’s party’s performance. Doing so can give rise to a breach of contract.
It is one of the most basic premises of contract law that where a party...
QUICK NOTE: MAKE SURE TO TIMELY PERFECT YOUR CONSTRUCTION LIEN AND PAYMENT BOND RIGHTS!
Posted on 23 April, 2020
In today's current climate, you do not want to wait until the last minute to record your construction lien or serve your notice of nonpayment to preserve your payment bond rights. Operate conservatively and preserve these rights now, not later. Whether preserving construction lien or payment bond rights, the...
QUICK NOTE: EXAMINATION UNDER OATH OF NON-INSURED
Posted on 22 April, 2020
Property insurance policies contain an examination under oath ("EUO") provision that requires the insured and the insured's agents and representatives to submit to an EUO. An EUO is a sworn statement - - a pre-lawsuit deposition, so to speak. It is a post-loss condition in the property insurance policy...
COMPLY WITH THE CONDITIONS OF THE PERFORMANCE BOND
Posted on 19 April, 2020
If you are bargaining for a contracting party to obtain a performance bond, it is imperative that you honor the conditions precedent to the bond in the event you need to trigger the bond’s obligations. If you do not, then you will breach the terms of the performance...
NOW IS THE TIME TO REVISIT CONTRACT LANGUAGE IN LIGHT OF COVID-19 TO ADDRESS FUTURE CONTRACTS
Posted on 12 April, 2020
Now is the time! Today! If you are currently in the process of negotiating or executing contracts, now is the time to ensure the contract protects your interest in light of this new world we enter into. The impacts associated with COVID-19 may have been realized...
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