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
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
Author: David Adelstein
Posted: May 8, 2025, 8:03 am
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
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
Author: David Adelstein
Posted: April 12, 2025, 3:13 pm