David Adelstein

Partner at Kirwin Norris, P.A

Location:

Fort Lauderdale and Orlando, FL

About David Adelstein
David Adelstein is an innovative construction lawyer helping contractors, subcontractors, design professionals, developers, suppliers, sureties, and others in construction matters. He is a board certified construction lawyer in Florida, and a partner at Kirwin Norris, PA. David is a thought-leader in the construction space, especially in Florida. He is the publisher of the Florida Construction Legal Updates blog and publication, has written many articles and hosted any webinars, and written the ebooks "Miller Act Payment Bond Fundamentals" and "Delay."
Recent articles by David Adelstein

TRANSFERRING VENUE OF MILLER ACT PAYMENT BOND LAWSUIT PER MANDATORY FORUM SELECTION PROVISION

Published on

Many construction contracts contain a forum selection provision that requires disputes to brought in a particular jurisdiction.  A mandatory forum selection provision will use words of exclusivity, like “shall,” that... Read more


SUIT ON SUBCONTRACTOR’S COMMON LAW PAYMENT BOND

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When a subcontractor furnishes a payment bond, is it referred to as a common law payment bond governed by state law.  There is no federal statute (or even state statute... Read more


CONTRACTOR PREVAILING AGAINST SUBCONTRACTOR ON COMMON LAW INDEMNITY CLAIM

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Common law indemnity is not an easy claim to prove as the one seeking common law indemnity MUST be without fault: Indemnity is a right which inures to one who... Read more


QUICK NOTE: SIMPLE BUT THORNY ISSUE OF “CONCURRENT DELAY”

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The definition of “concurrent delay” seems simple, but it can give rise to thorny issues including misunderstandings, not truly digging into the causes of the alleged concurrent delay, and the... Read more


CONSTRUCTION LIEN FORECLOSURE ACTION MUST BE BROUGHT IN COUNTY WHERE PROPERTY LOCATED

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A construction lien foreclosure action is an action against the real property and MUST be brought in the county where the property is located. It is an action concerning subject... Read more


CERTIFYING CLAIM UNDER CONTRACT DISPUTES ACT

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Under the Contract Disputes Act (41 USC 7101 en seq.), when a contractor submits a claim to the government in excess of $100,000, the claim MUST contain a certification of... Read more


DO YOU HAVE A FLORIDA’S DECEPTIVE AND UNFAIR TRADE PRACTICES ACT CLAIM

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In previous articles, I discussed Florida’s Deceptive and Unfair Trade Practices Act referred to as “FDUTPA”…but, it has been awhile.  (For more information on FDUTPA, check here and here.)  Now... Read more


DEMONSTRATING A FRAUDULENT INDUCEMENT CLAIM OR DEFENSE

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In a recent case, Florida’s Fourth District Court of Appeal reversed a trial court’s denial of a motion for a temporary injunction sought by an employer due to an independent... Read more


ENFORCEMENT OF CONTRACTUAL TERMS (E.G., FLOW-DOWN, FIELD VERIFICATION, SHOP DRAWING APPROVAL, AND NO-DAMAGE-FOR-DELAY PROVISIONS)

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What you contractually agree to matters, particularly when you are deemed a sophisticated entity.  This means you can figuratively live or die by the terms and conditions agreed to.   Don’t... Read more


MUTUAL OR CONCURRENT DELAY CAUSED BY SUBCONTRACTORS

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How are delay damages treated when two subcontractors cause a mutual or concurrent delay to the project? Assume multiple subcontractors concurrently contributed to an impact to the critical path resulting... Read more

17
Years of Experience

Since 2003


Payment Help Score
3.7
| 3 reviews
8 Questions Answered
Expert Type
  • Attorney
Expertise Areas
  • Construction Law
Licenses
  • Florida Bar
  • District of Columbia Bar