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EQUITABLE DOCTRINE OF ESTOPPEL CAN DEFEAT ARGUMENT FOUNDED ON LEGAL TECHNICALITY

Posted on 5 August, 2019
Arguing a legal technicality, even if one hundred percent right, does not always work, especially when you may have reaped the benefits of the same technicality.  This is because there is a legal doctrine known as estoppel that is based on principles of equity.  

Estoppel is an equitable doctrine...

SUBSEQUENT PURCHASER OF HOME COMPELLED TO ARBITRATION BASED ON COVENANT RUNNING WITH THE LAND

Posted on 5 August, 2019
Arbitration provisions are creatures of contract and courts should indulge reasonable presumptions in favor of requiring parties to arbitrate.   Keep this in mind when agreeing to an arbitration provision or trying to navigate around an arbitration provision.   An example of a court...

QUICK NOTE: “EFFECTIVE” NOTICE OF COMMENCEMENT

Posted on 5 August, 2019
As a contractor (or subcontractor or supplier if an unconditional payment bond is not furnished by the contractor) you always want to make sure (1) there is a notice of commencement that was recorded for the job and (2) you are working under an EFFECTIVE notice of commencement...

QUICK NOTE: 4 ELEMENTS OF MILLER ACT PAYMENT BOND CLAIM

Posted on 5 August, 2019

   

A subcontractor on a federal construction project must prove the following four elements in a Miller Act payment bond claim:

 

1. The subcontractor supplied labor and/or material per its subcontract;

 

2. The subcontractor is unpaid for the labor...

JUDICIAL REVIEW OF FINAL AGENCY ACTION ARISING FROM BID PROTEST

Posted on 5 August, 2019
If you are involved in a bid protest governed by Florida’s Administrative Procedures Act (Florida Statute s. 120.57), you know there will be an administrative hearing presided over by an administrative law judge.   The judge will issue a recommended order to the public agency...