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

PROVING AND CHALLENGING CAUSATION UNDER NAMED PERILS PROPERTY INSURANCE POLICY

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Under a named perils property insurance policy, the insured bears the burden of proof to prove that the peril, a covered loss, caused the asserted damage.  See Citizens Property Ins.... Read more


THE ARBITRATION PROVISION SHOULD DICTATE WHETHER JUDGE OR ARBITRATOR DECIDES ARBITRABILITY OF ISSUE

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An arbitration provision should specifically dictate whether you want a judge or arbitrator to decide the arbitrability of a claim or issue.  The reality is, if you prefer your disputes... Read more


CLAIMS BASED ON MISREPRESENTATION MUST BE INDEPENDENT OF CLAIMS BASED ON A CONTRACTUAL BREACH

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While misrepresentation-type tort claims (fraudulent inducement, fraudulent misrepresentation, or negligent misrepresentation) sometimes sound like attractive claims, they are oftentimes not appropriate claims, particularly when there is a contract between the... Read more


QUICK NOTE: MILLER ACT PAYMENT BOND PRESENTATION

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Recently, I put on a short presentation on the nuts and bolts of Miller Act payment bonds.  You can find the presentation here.   The presentation hits on key topics... Read more


REPLACEMENT COST VALUE – HOMEOWNERS’ PROPERTY INSURANCE POLICIES

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Many homeowners’ property insurance policies are replacement cost value policies for the dwelling, oftentimes referred to as Coverage A.  A replacement cost policy is defined as follows: “Replacement cost insurance... Read more


QUICK NOTE: CHARTING YOUR CONTRACTUAL RIGHTS WITH RESPECT TO THE CORONAVIRUS

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As more and more information is being learned, and more and more industries are being impacted, it is likely that the construction industry will follow suit.  And, while impacts with... Read more


QUICK NOTE: QUESTIONS AS TO THE FORCE MAJEURE IMPLICATIONS OF THE CORONAVIRUS? DO NOT HESITATE TO CONTACT ME!

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If you have questions or concerns, and I am sure you do, as it pertains to the coronavirus and its force majeure implications on construction projects you are involved with,... Read more


BE PROACTIVE, NOT REACTIVE, TO PRESERVE FORCE MAJEURE RIGHTS REGARDING THE CORONAVIRUS

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If you are involved in construction, NOW is the time to consider the potential force majeure impacts associated with the pandemic Coronavirus.  Things are beginning to drastically change on a... Read more


QUICK NOTE:…OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE (OCP COVERAGE)

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Recently, I negotiated a contract that included Owners and Contractors Protective Liability insurance, otherwise known as “OCP” coverage, which is a project-specific policy.   Thus, the policy limits are project-specific.... Read more


GENERAL TIPS WHEN IT COMES TO CONSTRUCTION CONTRACT DRAFTING AND NEGOTIATION

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When it comes to construction contracts, there are many good industry form templates that can be used.   All are templates and all are designed to be modified to conform to... Read more

17
Years of Experience

Since 2003


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