Let me
Represent YOUR
Construction
Interests!
Analyzing legal issues that
impact parties across the
construction industry.
Recent Posts
Release of “Unknown” Claim Does Not Bar Release of “Unaccrued” Claim: Fair or Unfair?
Posted on 5 July, 2019
A general release of “unknown” claims through the effective date of the release does NOT bar “unaccrued” claims. This is especially important when it comes to fraud claims where the facts giving rise to the fraud may have occurred prior to the effective date in the release, but a party...
Consequential Damages can be Recovered Against Insurer in Breach of Contract
Posted on 5 July, 2019
In a favorable case for insureds, the Fifth District Court of Appeal maintained that “when an insurer breaches an insurance contract, the insured is entitled to recover more than the pecuniary loss involved in the balance of the payments due under the policy in consequential damages, provided the damages were...
INTERPRETING THE LANGUAGE IN AN INSURANCE POLICY
Posted on 4 July, 2019
Lawsuits by an insured against an insurer that include a claim for declaratory relief are common when an insurer denies coverage. The insured will argue that there are ambiguities in the policy. One argument may pertain to the use or definition of a term...
DID THE INSURED FORFEIT PROPERTY INSURANCE COVERAGE BY FAILING TO COMPLY WITH POST-LOSS POLICY OBLIGATIONS?
Posted on 30 June, 2019
Have you complied with your property insurance policy's post-loss policy obligations? Has your property insurer argued that your failure to comply with post-loss policy obligations has resulted in you forfeiting insurance coverage? Have you filed a lawsuit against your property insurer for coverage and the...
QUICK NOTE: TIMELY RECORDING CONSTRUCTION LIEN
Posted on 24 June, 2019
A construction lien needs to be recorded within 90 days from a lienor's final furnishing date. This date is exclusive of punchlist or warranty-type work (i.e., repairs to lienor's own work). A lienor's final furnishing date will be included in the construction lien as the lienor's last...
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