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Recent Posts

FINAL FURNISHING DATE IS A QUESTION OF FACT

Posted on 7 November, 2016
Construction liens need to be recorded within 90 days from the lienor’s final furnishing date on the project.  This date is exclusive of punchlist or warranty work. The final furnishing date needs to be proven at trial to establish...

QUICK NOTE: ATTORNEY’S FEES AND THE SIGNIFICANT ISSUES TEST

Posted on 3 November, 2016
Attorney's fees become a component of damages that parties seek to recover whenever there is a contractual or statutory basis for them to recover their fees.  Parties want to be able to recover all or substantially most of the attorney's fees they incurred in pursuing their claim....

MILLER ACT PAYMENT BONDS

Posted on 28 October, 2016
Do you do work on federal construction projects?  Are you familiar with the Miller Act?  Below is a portion of a recent presentation on Miller Act payment bonds. Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article....

CREATIVE AVENUE FOR JUDGMENT CREDITOR TO COLLECT A JUDGMENT

Posted on 22 October, 2016
I have a judgment against another entity.  Now what?  I want to briefly talk about this “now what?” in the context of the recent decision in MYD Marine Distributor, Inc. v. International Paint, Ltd., 41 Fla. L. Weekly D2364a (Fla. 4th DCA 2016).  Although this case is...

WHICH CONSTRUCTION CONTRACT SHOULD I USE?

Posted on 18 October, 2016
In the previous article I posted a chart that includes a side-by-side comparison of common risk allocation and risk assumption provisions in industry form construction contracts (the general conditions between the owner and...