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."
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."
David Adelstein's Recent Answers
May 15, 2020
May 15, 2020
From an Anonymous Contractor
FloridaPartner at Kirwin Norris, P.A
Is there a reason you aren't looking at the purchaser that hired you to perform the ESA? That would be a contract you may want to hire a lawyer to look at.
As to liening for the ESA based on an agreement with a prospective purchaser, and without knowing more details including contract between purchaser and
owner, seems like the fee simple owner does have an argument since owner didn't directly hire you and work didn't improve real property.
As to liening for the ESA based on an agreement with a prospective purchaser, and without knowing more details including contract between purchaser and
owner, seems like the fee simple owner does have an argument since owner didn't directly hire you and work didn't improve real property.
May 15, 2020
From an Anonymous Contractor
FloridaPartner at Kirwin Norris, P.A
Who is the customer? If your customer is not the owner of the property and you did not serve a notice to owner, then sounds like you did not properly
preserve lien rights. Further, your deadline to record a lien is 90 days from your final furnishing of work on the job exclusive of punch list and warranty work.
It isn't triggered by the payment due date or the certificate of occupancy. If you finished work prior to 2/12 based on your final invoice date, sounSee More...
preserve lien rights. Further, your deadline to record a lien is 90 days from your final furnishing of work on the job exclusive of punch list and warranty work.
It isn't triggered by the payment due date or the certificate of occupancy. If you finished work prior to 2/12 based on your final invoice date, sounSee More...
Apr 27, 2020
From an Anonymous Contractor
FloridaPartner at Kirwin Norris, P.A
Seems like you have a good argument and position re: the executed changes. It is uncertain what the disputed amount is from the question. I would work
with an attorney to make sure you've properly preserved your lien rights, particularly with the number of general contractors the homeowner has hired and
you have worked with.
with an attorney to make sure you've properly preserved your lien rights, particularly with the number of general contractors the homeowner has hired and
you have worked with.
Mar 27, 2020
Mar 27, 2020
From an Anonymous Contractor
FloridaPartner at Kirwin Norris, P.A
Sounds like you would have a lien on the tenant's leasehold interest. If you are not paid, please work with a construction lawyer to ensure your rights are
preserved.
preserved.
Sep 17, 2019
Sep 17, 2019
From an Anonymous Contractor
FloridaPartner at Kirwin Norris, P.A
You may not have recourse against the Miller Act payment bond, but that doesn't mean you don't have other recourse, such as against the subcontractor you
delivered on behalf of. Obtain counsel to make sure you pursue the best avenue to maximize collection.
delivered on behalf of. Obtain counsel to make sure you pursue the best avenue to maximize collection.
Liens filed by Kirwin Norris, P.A
Below you can find a list of recent liens filed by Kirwin Norris, P.A on behalf of their construction clients.
Filed for
Address
Amount
Date
Ac Development Group
2780 W Sr 426, Oviedo, FL 32765
$411,044.58
Apr 13, 2020
Ac Development Group
2780 W Sr 426, Oviedo, FL 32765
$681,785.44
May 8, 2020
Details
Location
Fort Lauderdale and Orlando, FL
Years of Experience
22
Expertise Area
Construction Law
Licenses
Florida Bar
District of Columbia Bar