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Represent YOUR
Construction
Interests!
Analyzing legal issues that
impact parties across the
construction industry.
Recent Posts
CONTRACTUAL SETOFF AND APPLICATION WHEN PERFORMANCE BOND BUYS OUT OF ITS EXPOSURE
Posted on 9 June, 2024
The theory of “setoff” is an important theory in construction disputes. Florida’s Fourth District Court of Appeal recently provided worthy discussion on contractual setoffs:
Setoffs in contract claims are governed by section 46.015(2), which provides that if a plaintiff has released “any person in partial satisfaction of the...
CUMULATIVE IMPACT CLAIMS AND DEFINITION BY CERTAIN BOARDS
Posted on 2 June, 2024
What is a cumulative impact claim? This is commonly referred to as the unforeseeable ripple effect of changes, i.e., the death by a thousand cuts. Cumulative impact claims refer to a disruption on productivity based on the cumulative impact of changes and their impact on unchanged work. Cumulative impact claims...
THINK BEFORE YOU EXECUTE THAT RELEASE – THE LANGUAGE IN THE RELEASE MATTERS!
Posted on 27 May, 2024
If you execute a release in exchange for payment or other consideration, remember the language in the release means something. THE RELEASE LANGUAGE MATTERS! And the meaning in the release may be way more than you intended so please make sure you truly digest and consider release language...
OWNER CAN’T PURSUE STATUTORY SHOW CAUSE COMPLAINT TO CANCEL LIEN… FAIR OUTCOME?
Posted on 18 May, 2024
If there is a payment dispute with a construction lienor --- could be a contractor, a subcontractor, or supplier – it is possible, and more than likely, a construction lien may get recorded against real property. This scenario is not uncommon as the lien is...
NONDELEGABLE DUTIES
Posted on 12 May, 2024
Have you heard the expression “nondelegable duty”? The issue of a nondelegable duty comes into play when a party hires an independent contractor and the independent contractor commits negligence, primarily in the personal injury context. In other words, a plaintiff wants to hold a defendant liable for the injuries caused...
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