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Florida Construction Legal Updates

Can a subsequent purchaser pursue construction defect claims relating to the original construction of the property?  This was the threshold issue on a motion for summary judgment by a drywall manufacturer against a subsequent purchaser of a home in Karpel v. Knauf Gips KG, 2022 WL 4366946 (S.D. Fla. 2022).  This matter deals with the […]

The post SUBSEQUENT PURCHASER CAN ASSERT CLAIMS FOR CONSTRUCTION DEFECTS appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: September 25, 2022, 8:12 pm

It is common for insurance policies to have a concealment or fraud provision that ultimately says the policy is void if the insured engaged in fraudulent conduct, intentionally concealed or misrepresented material facts, or made false material statements.  In a nutshell, lying is bad, which includes intentionally withholding material facts. An insured may make misrepresentations […]

The post CONCEALMENT OR FRAUD PROVISION IN INSURANCE POLICY appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: September 17, 2022, 3:38 pm

The doctrine of accord and satisfaction lives and breathes in disputes including construction disputes.  Unfortunately, a contractor, in the case discussed below, found out the hard way after it cashed checks that were accompanied with a letter that clearly indicated the checks were final payment.  Once those payments were cashed, there was no “buyer’s remorse” that […]

The post DON’T PUT YOURSELF IN THE POSITION OF DEFENDING AGAINST AN ACCORD AND SATISFACTION DEFENSE appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: September 10, 2022, 1:35 pm

An unjust enrichment claim is an equitable claim when there is no direct contract between the parties governing the merits of the claim.  It is not uncommon for these claims to be asserted in a construction dispute. A plaintiff suing a defendant for unjust enrichment must prove that they conferred a benefit on the defendant. […]

The post QUICK NOTE: UNJUST ENRICHMENT CLAIM REQUIRES PROOF OF DIRECT BENEFIT appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: September 5, 2022, 1:52 pm

Here is a quote from a judge in an order after the bench trial of a complex construction dispute between a prime contractor and subcontractor on a federal project: The evidence received in this case demonstrates the dynamic nature of complicated construction projects. At every step, the details matter, and coordination and cooperation among the […]

The post THE CREDIBILITY OF YOUR EXPERT (INCLUDING YOUR DELAY EXPERT) MATTERS IN CONSTRUCTION DISPUTES appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: September 3, 2022, 2:05 pm

Is the item or event you are claiming as an unforeseeable, excusable delay really unforeseeable?  This is not a trick question. Just because your construction contract identifies items or events that constitute unforeseeable, excusable delay does not mean those items can be used as a blanket excuse or crutch for the contractor.  That would be […]

The post IS THE EVENT YOU ARE CLAIMING AS UNFORESEEABLE DELAY REALLY UNFORESEEABLE? appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: August 27, 2022, 9:08 pm

There are times a contractor installs the wrong material or system contrary to the plans and specifications.  A nonconformity. The owner wants the already-installed material or system to be replaced in conformity with the plans and specifications.  However, what was installed is functionally equivalent to what the plans and specifications required and would be cost […]

The post IS THE REMOVAL AND REPLACEMENT OF NONCONFORMING WORK ECONOMICALLY WASTEFUL? appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: August 21, 2022, 7:08 pm

When presenting a delay-type of claim on a construction project, a claimant MUST be in a position to properly PROVE the claim.  Trying to present a delay claim loosey-goosey is not a recipe for success.  In fact, it can be a recipe for an easy loss. This is not what you want.  To combat this, […]

The post PRESENTING A “TOTAL TIME” DELAY CLAIM IS NOT SUFFICIENT appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: August 13, 2022, 5:24 pm

CMR Construction and Roofing, LLC v. UCMS, LLC, 2022 WL 3012298 (11th Cir.  2022) is an interesting opinion where a contractor asserted a Florida’s Deceptive and Unfair Trade Practices Act (known by its acronym “FDUTPA”) claim and tortious interference claims (with a contract and with an advantageous business relationship) against another contractor, i.e., a competitor, […]

The post UNRAVEL THE FACTS BEFORE ASSERTING FDUTPA AND TORTIOUS INTERFERENCE CLAIMS appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: July 30, 2022, 7:27 pm

In federal contracting, contractors are sometimes torn about submitting a request for equitable adjustment (known as an “REA” under 48 C.F.R. 252.243-7002) or submitting a formal claim under the Contract Disputes Act (41 U.S.C. s. 7103), the latter requiring a final decision by the contracting officer and starts the clock with respect to interest and […]

The post WHEN A REQUEST FOR EQUITABLE ADJUSTMENT SHOULD BE TREATED AS A CLAIM UNDER THE CONTRACT DISPUTES ACT appeared first on Florida Construction Legal Updates.

Author: David Adelstein
Posted: July 24, 2022, 1:42 pm
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