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Recent Posts

QUICK NOTE: TIMING TO SUE PUBLIC PAYMENT BOND FOR RETAINAGE ON PUBLIC CONSTRUCTION PROJECTS

Posted on 22 April, 2016
You are a subcontractor (or sub-subcontractor) on a public construction project.  The general contractor has a public payment bond per Florida Statute s. 255.05.  You finished your scope some...

QUICK NOTE: COVERAGE MUST FIRST BE ESTABLISHED TO HAVE A BAD FAITH INSURANCE CLAIM

Posted on 20 April, 2016
In order to have a bad faith insurance claim you must first establish that there was coverage under the insurance policy.  Otherwise, the bad faith claim is prematurely filed and will be dismissed or abated.     Please contact David Adelstein at dadelstein@gmail.com or (954)...

THERE DOES NOT HAVE TO BE A PREVAILING PARTY FOR PURPOSES OF ATTORNEY’S FEES IN CONSTRUCTION LIEN DISPUTE

Posted on 16 April, 2016
Just because you are suing to foreclose your construction lien does NOT mean you will automatically recover your attorney’s fees as the prevailing party.   There does NOT have to be a prevailing party for purposes of recovering attorney’s fees.  This means...

QUICK NOTE: PERFECT PRIVATE PROJECT PAYMENT BOND RIGHTS IF NOT IN PRIVITY WITH GENERAL CONTRACTOR

Posted on 13 April, 2016
Remember, if you are not in privity of contract with the general contractor on a private project where the general contractor furnished the owner with a payment bond (e.g., sub-subcontractor or supplier), you NEED to perfect your payment bond rights by initially serving a

THERE IS VALUE RECORDING A NOTICE OF CONTEST OF LIEN

Posted on 9 April, 2016
If you receive a construction lien on your property, I have preached the value in recording a Notice of Contest of Lien to shorten the lienor’s statute...