Montano Elec. Contractor v. United States, 2015 U.S. App. LEXIS 5928 (Fed. Cir. Apr. 13, 2015) -
The Army Corps of Engineers (“the Corps”) hired a general contractor, who subcontracted certain electrical work to Montano...more
Marenalley Constr., LLC v. Zurich American Ins. Co. and Nason Constr. Inc., 2015 U.S. Dist. LEXIS 30968 (E.D. Pa. March 13, 2015) -
This payment dispute case arises out of a Veterans Affairs (“VA”) construction project...more
KBW Assocs. v. Jaynes Corp., 2015 U.S. Dist. LEXIS 18220 (D. Nev. Feb. 13, 2015). This action arose out of the construction of additions to existing buildings at Creech Air Force Base in Indian Springs, Nevada (the...more
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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