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Florida Construction Legal Updates David Adelstein is a Florida board certified construction attorney focusing on innovative business a

David Adelstein is a Florida Board Certified Construction Attorney focusing on innovative business relationships that provide value-added services to your business. He handles complex construction disputes and caters to innovative fee arrangements where the focus is performance, results, and budgetary concerns. For more information, check out my LinkedIn page at www.linkedin.com/pub/david-adelstein/27/832/874/.

Properly taking of Florida's
09/20/2026

Properly taking of Florida's

Many construction defects cases involve Florida’s Building Code. A recent non-construction case, BSREP II PBG Resort, LLC v Ginsburg, 2026 WL 265226 (Fla. 4th DCA 2026), discussed a court taking judicial notice of a provision in the Florida Building Code. This case was a premise liability case whe...

Payment Bond Lawsuit "No-Nos"
09/12/2026

Payment Bond Lawsuit "No-Nos"

A recent federal district court opinion, Sauer Construction, LLC v. United Structures of Georgia, LLC, 2026 WL 2522849 (M.D.Fla. 2026), addressed two worthy considerations when it comes to a Miller Act payment bond claim. And, when I am talking about considerations, I am really talking about “no-n...

Credibility matters ... even in Claims
08/29/2026

Credibility matters ... even in Claims

Credibility matters. Here’s another example involving a delay claim on public private partnership delivery method. The project agreement required claims to be tried by a hearing examiner. The public private partnership developer (for lack of a better term) submitted delay claims that it contended ...

Owner taking of general contractor's claims (indemnity claim) against subcontractor
08/22/2026

Owner taking of general contractor's claims (indemnity claim) against subcontractor

Here’s a scenario that occurs in construction defect cases. An owner sues a general contractor and subs for construction defects. The owner settles with a number of parties and takes an assignment of the general contractor’s claims against some or all of the subs and pursues the remaining partie...

Two important points regarding the
08/15/2026

Two important points regarding the

A recent Miller Act case, U.S. f/u/b/o Boundless Management Outsourcing Group, LLC v. Endurance Assurance Corp, 2026 WL 2241491 (D. Puerto Rico 2026), confirms two important points when it comes to the Miller Act. In this case, a subcontractor pursued a Miller Act payment bond lawsuit more than one....

Surety requiring collateral security under General Agreement of Indemnity -
08/09/2026

Surety requiring collateral security under General Agreement of Indemnity -

In order to procure bonds (payment and performance bonds), you need to sign a General Agreement of Indemnity (referred to as the “GAI”) with the surety (bonding company). It does not matter the surety issuing the bonds, the terms and conditions in the General Agreement of Indemnity are largely c...

Lienor dealing with lawsuit by a condominium unit owner
08/08/2026

Lienor dealing with lawsuit by a condominium unit owner

One of the statutory vehicles to shorten a construction lienor’s statute of limitations to foreclose on a construction lien is through a “show cause” summons that essentially requires the lienor to foreclose on the lien within 20 days from receipt of the “show cause” summons. This is a sta...

Federal standard of review and disparate treatment with ratings
07/26/2026

Federal standard of review and disparate treatment with ratings

A recent decision out of the Federal Claims Court explains the post-award bid protest standard of review. In Massman Construction Co. v. U.S., 2026 WL 1971985 (Fed.Cl. 2026), a protestor brought a post-award bid protest after the Army Corps of Engineers awarded the contract to another contractor. Th...

Construction - lining for amounts not yet due
07/19/2026

Construction - lining for amounts not yet due

A 2024 bankruptcy ruling, In re Edgewater Construction Group, Inc., 657 B.R. 668 (S.D.Fla. 2024), touched upon an interesting issue when it comes to construction liens. Is a construction lien fraudulent simply because the lien includes amounts not yet due? Not necessarily. In this bankruptcy dispute...

Insufficient and construction rights -
07/12/2026

Insufficient and construction rights -

When a party is preserving their construction lien rights, the party will look to the recorded Notice of Commencement. This is the recorded document that provides the lienor with the information for purposes of preserving construction lien rights. A Notice to Owner company will typically rely on the...

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