News & Analysis as of

Payment Bonds Performance Bonds

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Pitfalls of the AIA Form of Performance Bond

When an owner requires a contractor to post a payment and performance bond, the contractor, invariably, provides a bond in the form of AIA Document A312-2010. The payment portion of the bond is primarily for the benefit of...more

Franczek P.C.

Recent Amendments will Impact School District Construction Projects

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Recent changes to Illinois law will impact the way school districts administer their summer construction projects. The Public Construction Bond Act has been amended effective January 1, 2024, to increase the threshold at...more

Procopio, Cory, Hargreaves & Savitch LLP

[Webinar] Annual Construction Law Forum - November 10th, 10:00 am - 3:00 pm PDT

You are invited to join Procopio’s Construction & Infrastructure Law attorneys and guest industry speakers on Thursday, November 10, 2022, for an informative half-day webinar focused on the most pressing California...more

Tonkon Torp LLP

To Bond or Not to Bond Private Construction Jobs

Tonkon Torp LLP on

When representing clients in negotiating and drafting construction agreements for private construction work, I am often asked: Should we require the contractor to provide a bond? This question doesn’t arise on public works...more

Stoel Rives -  Ahead of Schedule

Another Risk Management Tool for Private Owners in a Volatile Market

Given, well, the state of everything, private owners should seriously consider requiring the contractor to secure a performance bond (a third-party surety guaranteeing the contractor’s performance under the contractor’s...more

J.S. Held

Exposure Analysis: The Performance Bond Cost to Complete

J.S. Held on

When faced with a performance bond claim, the Surety will often seek to determine its overall exposure or expected loss. Once determined, the Surety can use this information to make educated decisions as to how to address its...more

Gray Reed

Obscure But Important Surety and Guarantee Rules

Gray Reed on

Texas surety law contains obscure procedural rules that can have outsized consequences. Chapter 43 of the Civil Practice and Remedies Code is an important example....more

Troutman Pepper

GAR Know-How Construction Arbitration - United States

Troutman Pepper on

Legal System - 1. Is your jurisdiction primarily a common law, civil law, customary law or theocratic law jurisdiction? Are the laws substantially derived from the laws of another jurisdiction and, if so, which? What...more

Troutman Pepper

Federal Circuit, Citing The Christian Doctrine, Holds That Performance And Payment Bonds Are Required For All Construction...

Troutman Pepper on

K-Con, Inc. v. Sec’y of the Army, 2018 U.S. App. LEXIS 31196 (Fed. Cir., November 5, 2018) - In September 2013 K-Con, Inc. (“K-Con”) entered into two contracts with the government to supply and construct pre-engineered...more

Bass, Berry & Sims PLC

The Christian Doctrine Strikes Again … To Require Performance and Payment Bonds in all Construction Contracts

Bass, Berry & Sims PLC on

On November 5, 2018, the Federal Circuit held in a precedential decision that bonding requirements in FAR 52.228-15, “Performance and Payment Bonds—Construction,” were read into all construction contracts by operation of law...more

Pillsbury - Gravel2Gavel Construction & Real...

Construction Bond Basics

There are three types of bonds that afford financial protection in connection with a construction project: payment bonds, Cranesperformance bonds, and bid bonds. Below is a primer on the differences between these bonds and...more

Bradley Arant Boult Cummings LLP

Miller Time: Where to File a Miller Act Suit Arising on an Overseas Project?

Subcontractors filing Miller Act lawsuits in the U.S. must generally do so in the federal district court where the contract from which the dispute arose was “performed and executed.” 40 USC §§ 3131-3134 However, on...more

Troutman Pepper

Federal District Court in California Holds that Subcontract Provision Binding Subcontractor to Result of Dispute Resolution under...

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DVBE Trucking and Construction Co., Inc. v. McCarthy Building Companies, Inc., 2015 U.S. Dist. LEXIS 90052 (N.D. Cal. July 10, 2015) - This payment dispute case arises out of a Veterans Affairs (“VA”) construction...more

Poyner Spruill LLP

A Brief Look At Common Construction Loan Credit Enhancements

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As the competition for construction loan projects remains at unprecedented levels in much of the country, lenders are frequently being asked to waive, modify or re-visit their standard construction loan credit enhancement...more

Snell & Wilmer

Construction Bonds and Subguard Insurance

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In virtually all public projects (and in many private projects), the owner requires the general contractor to post a performance bond and a payment bond. Recently, in some cases, general contractors have obtained...more

Snell & Wilmer

Under Construction - June 2015

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Letter from the Editor - Welcome to the summer edition of our Under Construction newsletter. In this issue, we highlight several hot topic items affecting the construction industry such as what happens when the...more

Holland & Knight LLP

Criteria For Choosing Between ConsensusDOCS And AIA Bond Forms

Holland & Knight LLP on

Since first being introduced in 2007, ConsensusDOCS forms have become increasingly popular and along with the AIA forms are becoming industry standard. The organizations that endorsed the ConsensusDOCS devoted untold hours to...more

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