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

APPRECIATE THE RISKS YOU ARE ASSUMING IN YOUR CONTRACT

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APPRECIATE THE RISKS YOU ARE ASSUMING IN YOUR CONTRACT.   Otherwise, those risks will come back and bite you in the butt.  This language is not capitalized for naught.  Regardless of... Read more


FILLING OUT THE CONTRACTOR’S FINAL PAYMENT AFFIDAVIT

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When preparing a contractor’s final payment affidavit, I always suggest for a contractor (or anyone in privity of contract with the owner) to identify the undisputed amounts their accounting reflects is... Read more


INSURER’S DUTY TO INDEMNIFY NOT RIPE UNTIL UNDERLYING LAWSUIT AGAINST INSURED RESOLVED

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A liability insurer has two duties:  1) the duty to defend its insured; and 2) the duty to indemnify its insured. With respect to the second duty – the duty... Read more


SERVING NOTICE OF NONPAYMENT UNDER MILLER ACT

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Under the federal Miller Act, if a claimant is NOT in privity with the prime contractor, it needs to serve a “notice of nonpayment” within 90 days of its final... Read more


DELAYS CAUSED WHEN GOVERNMENT (OWNER) PUSHES CONTRACTOR’S WORK INTO RAINY / ADVERSE WEATHER SEASON

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There are a number of horizontal construction projects where a contractor’s sequence of work and schedule is predicated on avoiding the rainy season (or certain force majeure events).  The reason... Read more


PERFORMANCE BOND SURETY TAKEOVER – USING TERMINATED CONTRACTOR TO COMPLETE THE WORK

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When a contractor is defaulted under a performance bond, can its surety hire the same defaulted contractor to complete the work?  Stated differently, can the performance bond surety engage its... Read more


CONSTRUCTION LIEN DOES NOT INCLUDE LATE FEES SEPARATE FROM INTEREST

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Construction liens can include unpaid finance charges.   But, what about late fees?  You know, the late fees that certain vendors like to include in their contract or purchase order unrelated... Read more


GOOD-TO-KNOW POINTS REGARDING (I) MILLER ACT PAYMENT BONDS AND (II) PAYMENT BOND SURETY COMPELLING ARBITRATION

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Every now and then I come across an opinion that addresses good-to-know legal issues as a corollary of strategic litigation decisions that are questionable and/or creative.  An opinion out of... Read more


PROVING IMPACTS TO CRITICAL PATH TO DEFEAT LIQUIDATED DAMAGES ASSESSMENT

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When a contractor is staring down the barrel of an owner’s assessment of liquidated damages, the burden will fall on the contractor to establish that the delay was attributable to... Read more


GENERAL CONTRACTOR SUPPORTING A SUBCONTRACTOR’S CHANGE ORDER ONLY FOR OWNER TO REJECT THE CHANGE

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The opinion in Westchester Fire Ins. Co, LLC v. Kesoki Painting, LLC, 260 So.3d 546 (Fla. 3d DCA 2018) leads to a worthy discussion because it involves a common scope... Read more

16
Years of Experience

Since 2003


4
Questions Answered
2
Number of Upvotes
Expert Type
  • Attorney
Expertise Areas
  • Construction Law
Licenses
  • Florida Bar
  • District of Columbia Bar