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Florida Construction Legal Updates

In government contracting, there is a Federal Acquisition Regulation (FAR) on differing site conditions.  See F.A.R. 52-236-2. This regulation, and the standard, would apply outside of government contracting when you hear about differing site conditions claims. I. TYPE I DIFFERING SITE CONDITIONS A type 1 differing site conditions claim occurs when “[s]ubsurface or latent physical […]

The post TYPE I AND TYPE II DIFFERING SITE CONDITIONS CLAIMS appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: May 17, 2025, 2:11 pm

If you are pursuing an all-risk first-party property insurance claim on behalf of an insured, or defending such a claim on behalf of an insurer, a recent case includes a short snippet explaining the corresponding burdens of proof: To make a claim under an all-risk policy, the insured must establish that her home suffered a […]

The post QUICK NOTE: BURDEN OF PROVING AND DEFENDING ALL RISK PROPERTY INSURANCE CLAIMS appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: May 12, 2025, 11:20 am

A recent matter with the Civilian Board of Contract Appeals discusses a cardinal change theory of liability. A cardinal change “occurs when the government effects an alteration in the work so drastic that it effectively requires the contractor to perform duties materially different from those originally bargained for.” … A cardinal change can occur even […]

The post CARDINAL CHANGE EXAMINES THE ENTIRE, FACTUAL UNDERTAKING appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: May 9, 2025, 7:54 am

“There are generally two types of specifications: design specifications, which tell the contractor in detail how the work is to be performed; and performance specifications, which tell the contractor the end result that is expected and leave it to the contractor to determine the best way to get to the result.” Appeals of Skanska USA […]

The post IMPOSSIBILITY OF PERFORMANCE AS EXCUSE TO FAILURE TO ACHIEVE PERFORMANCE SPECIFICATION appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: May 8, 2025, 8:03 am

In the previous posting, I discuss the Civilian Board of Contract Appeals’ case of Quality Trust, Inc.  That case deals with a claim known as constructive suspension.  However, the case also discusses unabsorbed home office overhead damages known as Eichleay damages, which are hard damages to prove.  Below describes the elements a party MUST prove […]

The post QUICK NOTE: EICHLEAY DAMAGES (UNABSORBED HOME OFFICE OVERHEAD) appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: May 4, 2025, 2:28 pm

A claim for constructive suspension does exist: “Constructive suspension occurs when work is stopped absent an express order by the contracting officer and the [G]overnment is found to be responsible for the work stoppage.”  “A constructive suspension will be found on the same elements and has the same effect and consequences as an actual suspension.”  […]

The post A CLAIM FOR CONSTRUCTIVE SUSPENSION DOES EXIST appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: May 3, 2025, 3:59 pm

Ogden v. Defelice, 50 Fla.L.Weekly D937d (Fla. 5th DCA 2025), is a construction case that doesn’t talk about construction issues. Go figure. Nonetheless, it does touch upon two worthy considerations: (i) admissions in answers to lawsuits; and (ii) fictitious names. Both issues apply to construction disputes. In this case, plaintiff sued a person d/b/a (doing business […]

The post ADMISSIONS IN ANSWERS TO CONSTRUCTION LAWSUITS MATTER appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: April 27, 2025, 1:33 pm

Just because you are pursuing a claim for unjust enrichment does not mean you don’t have to still prove your damages with a reasonable degree of certainty. You ABSOLUTELY do: Under Florida law, unjust enrichment damages must reflect the reasonable value of the plaintiff’s labor and costs expended for the benefit of the defendant or […]

The post UNJUST ENRICHMENT DAMAGES MUST BE MEASURABLE AND QUANTIFIABLE appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: April 26, 2025, 1:57 pm

Constructing licensing is governed under Florida Statutes Chapter 489. Under Florida Statute s. 489.128, an unlicensed contractor has NO rights or remedies. Stated differently, an unlicensed contractor is “sh*t out of luck!”.   However, what’s been complicated, and it really shouldn’t be, is what contractors need to be licensed through the state of Florida by the […]

The post WARY TO THE UNLICENSED CONTRACTOR – YOU ARE SH*T OUT OF LUCK appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: April 20, 2025, 7:23 pm

A non-construction case touches upon important considerations regarding arbitration and agency principles. Agency principles matter and while this case deals with agency principles relative to arbitration, the principles can be extrapolated to a variety of scenarios. Here are the key facts in the case. A mother obtained tickets to a football game and brought her […]

The post AGENCY PRINCIPLES MATTER (INCLUDING WHEN IT COMES TO ARBITRATION PROVISIONS) appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: April 12, 2025, 3:13 pm
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