Let me
Represent YOUR
Construction
Interests!
Analyzing legal issues that
impact parties across the
construction industry.
Recent Posts
PROVING AND CHALLENGING CAUSATION UNDER NAMED PERILS PROPERTY INSURANCE POLICY
Posted on 5 April, 2020
Under a named perils property insurance policy, the insured bears the burden of proof to prove that the peril, a covered loss, caused the asserted damage. See Citizens Property Ins. Corp. v. Kings Creek South Condo, Inc., 45 Fla. L. Weekly D597a (Fla. 3d DCA 2020).
THE ARBITRATION PROVISION SHOULD DICTATE WHETHER JUDGE OR ARBITRATOR DECIDES ARBITRABILITY OF ISSUE
Posted on 4 April, 2020
An arbitration provision should specifically dictate whether you want a judge or arbitrator to decide the arbitrability of a claim or issue. The reality is, if you prefer your disputes to be resolved by arbitration, you should dictate that the arbitrator decides the arbitrability of issues or claims....
CLAIMS BASED ON MISREPRESENTATION MUST BE INDEPENDENT OF CLAIMS BASED ON A CONTRACTUAL BREACH
Posted on 28 March, 2020
While misrepresentation-type tort claims (fraudulent inducement, fraudulent misrepresentation, or negligent misrepresentation) sometimes sound like attractive claims, they are oftentimes not appropriate claims, particularly when there is a contract between the parties. The reason being is the the same damages for the breach of contract and misrepresentation-type tort claims...
QUICK NOTE: MILLER ACT PAYMENT BOND PRESENTATION
Posted on 27 March, 2020
Recently, I put on a short presentation on the nuts and bolts of Miller Act payment bonds. You can find the presentation here. The presentation hits on key topics that are important to know for purposes of preserving Miller Act payment bond rights and defending...
REPLACEMENT COST VALUE – HOMEOWNERS’ PROPERTY INSURANCE POLICIES
Posted on 22 March, 2020
Many homeowners' property insurance policies are replacement cost value policies for the dwelling, oftentimes referred to as Coverage A. A replacement cost policy is defined as follows:
“Replacement cost insurance is designed to cover the difference between what property is actually worth and what it would cost to rebuild or...
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