News & Analysis as of

Surety & Fidelity Construction Industry

Saul Ewing LLP

Language in Performance Bond Critical in Determining Surety’s Rights to Complete

Saul Ewing LLP on

If an owner terminates a contractor due to a contractor default on a bonded project, can the surety hire the same contractor to complete the work under the bond? Depending on the language of the bond, it may be permissible...more

Robinson+Cole Construction Law Zone

Bill Proposed in Massachusetts to Establish “Public Construction Surety Bond State Guarantee Fund” Requiring Chapter 149A Sureties...

Sureties writing public construction bonds under Chapter 149A in the Commonwealth of Massachusetts should pay close attention to Mass. Bill No. 3889, which seeks to create a Public Construction Surety Bond State Guarantee...more

Cohen Seglias Pallas Greenhall & Furman PC

Difficulty in Obtaining the Approval of an Individual Surety

In a recent decision issued by the United States Court of Federal Claims, Anthem Builders, Inc. v. United States, April 6, 2015, WL 1546437, the Court considered a protest involving the proposed use of an individual surety...more

Ervin Cohen & Jessup LLP

Homeowners Beware!! You May Not Recover For Subsequently Discovered Construction Claims After Signing Construction Claim Releases

Homeowner, David Belasco (“Belasco”) [1] bought a newly constructed Manhattan Beach residence in 2004 from the builder defendant Gary Loren Wells (“Wells”). In 2006, Belasco filed a complaint against Wells with the...more

Troutman Pepper

Surety Bonds: Direct Claims v Derivative Claims – Who Knew?

Troutman Pepper on

New Bern Riverfront Dev., LLC v Weaver Cooke Constr., LLC (In re New Bern Riverfront Dev. LLC), 521 B.R. 718 (Bankr. E.D.N.C. 2014) – The debtor made claims against a surety that issued a performance bond in connection with a...more

Carlton Fields

Construction Case Law Update - January, 2015

Carlton Fields on

FLORIDA STATE CASES - Slavin Doctrine; Design Contracts - Under the Slavin doctrine, a subcontractor design company was not liable despite negligently designing intersection traffic lights that resulted in a fatal car...more

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