Florida Construction Legal Updates

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/.

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...

Settlement agreements and contracts require a
06/28/2026

Settlement agreements and contracts require a

A settlement agreement does not need to be executed for it to be enforceable as long as there was a MEETING OF THE MINDS. The same rings true for any contract regardless of whether the contract is signed – THERE NEEDS TO BE A MEETING OF THE MINDS. In a recent case dealing with the […]

Recent trend against continues where unlicensed contractors have no recourse -
06/21/2026

Recent trend against continues where unlicensed contractors have no recourse -

There’s been a recent trend in Florida case law that has figuratively “killed” unlicensed contractors. Here’s another one. The moral to this trend and case is simple: make sure you have the proper licenses prior to serving as a contractor under Florida law. Trying to be cute, as seemed to be...

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