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Recent Posts

INFORMATION ON SUBCONTRACTOR DEFAULT INSURANCE (“SDI”)

Posted on 1 May, 2016
  Subcontractor default insurance (also known as "SDI") serves as an alternative to requiring subcontractors to furnish payment and performance bonds.  For more information on subcontractor default insurance, check out this

SUBCONTRACTOR PASS-THROUGH CLAIMS AND THE CONTRACT DISPUTES ACT

Posted on 26 April, 2016
A prime contractor submitting a subcontractor’s pass-through claim MUST still comply with the certification requirements in the Contract Disputes Act.  And, the prime contractor cannot...

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...