The core issue facing a federal court in Utah was whether it should stay the proceedings pending resolution of related arbitration proceedings involving sureties which issued payment bonds under the Miller Act. A dispute...more
Frontier Contr. Inc. v. Allen Eng’g Contr., Inc., 2014 U.S. Dist. LEXIS 136474 (E.D. Cal. Sept. 2014) -
Frontier Contracting Inc. (Frontier) entered into a teaming agreement with Allen Engineering Contractor, Inc....more
In a recent decision, the federal appellate court encompassing nine western states and two Pacific island jurisdictions held that a California law restricting the right of non-licensed contractors to recover for unpaid...more
In a recent decision, the 9th U.S. Circuit Court of Appeals held, for the first time, that California’s contractor licensing requirement cannot be used to bar a federal subcontractor from pursuing a claim under the Miller...more
If you’ve worked on a federal construction project chances are you’ve heard of the Miller Act.
The Miller Act (40 U.S.C. §§ 3131-3134) has less to do with beer than it does with giving federal construction...more
Since I work with a number of construction contractors, I always get the question of whether the state law chosen to govern the contract has material impact on the contract and/or whether it could be determined which state...more
No-damage-for-delay provisions are routinely inserted into construction contracts to protect the upstream party in the event of a delay during the course of a project. However, many states have passed statutes declaring that...more
The U.S. Supreme Court appears poised — for the first time in 25 years — to uphold the enforceability of forum selection clauses, which permit contracting parties to prospectively determine the location/court where a lawsuit...more
Federally owned construction projects are covered by a Miller Act Payment Bond for the benefit of the subcontractors and suppliers thereof. If you make a claim for payment under the Miller Act, you may, under certain...more
First In United States ex rel. Air Control Technologies, Inc. v. Pre Con Industries, Inc., --- F.3d ---, 2013 WL 3242673 (9th Cir., June 28, 2013), the Ninth Circuit Court of Appeals held that the one-year statute of...more
Being a litigator I take deadlines serious.
Cases can be won or lost by failing to meet deadlines.
But when is a failure to meet a deadline an absolute bar to making a claim and when might it...more
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