News & Analysis as of

Payment Bond Claims

Gray Reed

Lien and Bond Claims in August 2024: Dates to Remember

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Use this guide as a reference when filing lien and bond claim notices for the month of August. Be sure to subscribe to the Texas Construction Law Blog to automatically receive our monthly lien and bond guides, as well as...more

Bradley Arant Boult Cummings LLP

5th Circ. Bond Claim Ruling Shows Creditors Must Be Vigilant

With its January opinion in Raymond James & Associates Inc. v. Jalbert, the U.S. Court of Appeals for the Fifth Circuit held that the bankruptcy debtor's indemnification obligations were discharged by the confirmed plan...more

Cozen O'Connor

New Amendments to Florida’s Construction Lien Law

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On June 12, 2023, Governor Ron DeSantis signed Florida House Bill 331 into law. This new bill amends Florida’s Construction Lien Law, Chapter 713, Fla. Stats. The new legislative amendments go into effect on October 1, 2023. ...more

PilieroMazza PLLC

Construction Roundtable: Top 4 Legal Risks for Federal Construction Contractors

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Construction firms face a myriad of legal risks throughout a project’s life cycle. From compliance obligations to managing disputes, don’t miss this insightful discussion on the top 4 legal risks facing contractors working in...more

Robinson+Cole Construction Law Zone

Connecticut Court Clarifies a Limit on Payment Bond Claims for Public Projects

In All Seasons Landscaping, Inc. v. Travelers Casualty & Surety Co., No. DBD-CV21-6039074-S, 2022 WL 1135703 (Conn. Super. Ct. April 4, 2022) the plaintiff, a subcontractor on a state project, commenced a lawsuit against the...more

Nossaman LLP

Construction & Claims: April 2023

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Welcome to Construction & Claims, a periodic digest of the headlines, statutory and regulatory changes and court cases involving construction news, claims, bid protests, contract administration and payment-related disputes....more

Houston Harbaugh, P.C.

Surety Cannot be Liable for Bad Faith Under PA Law

Houston Harbaugh, P.C. on

On September 1, 2022, the Superior Court of Pennsylvania held, as a matter of first impression, that a surety is not subject to Pennsylvania’s bad faith statute, 42 Pa.C.S.A. § 8731. In Eastern Steel Constructors, Inc. v....more

Snell & Wilmer

In Utah, Preconstruction Lien Notice Deficiencies Affect Payment Bond Claims Too

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You’re a landowner in Utah, and fail to get a payment bond for commercial work a contractor is doing on your property, and the value of the work exceeds $50,000. To protect lien rights, contractors working on your property...more

Schwabe, Williamson & Wyatt PC

COVID-19: Preserving Your Payment Rights through Lien and Bond Claims

The COVID-19 pandemic has caused more than just health concerns for our community—it has also created significant economic concerns. Jobsites are shutting down across the country and contractors are afraid that project...more

King & Spalding

KSA Bankruptcy Law (the Law) - Advance Payment Bonds

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Party A (contractor) entered into a construction contract (the EPC Contract) with Party B (employer). Party B made an advance payment under the EPC Contract and Party A procured an Advance Payment Bond (the Bond) from a...more

Williams Mullen

Pay-if-Paid Clauses: A Surety’s Defense for Payment Bond Claims?

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A construction project can be a breeding ground for general contractor versus subcontractor payment disputes. Whether it is payment for extra work subject to the project owner’s approval, slow pay or no pay by the project...more

Troutman Pepper

Federal Court In Mississippi Holds That Although Projects Were Constructed With Federal Funds, They Were Not “A Public Work Of The...

Troutman Pepper on

United States ex rel. Metro Mech., Inc. v. Triangle Constr. Co., 2018 U.S. Dist. LEXIS 1487 (S.D. Miss. Jan. 4, 2018) - Triangle Construction Company, Inc. (“Triangle”) contracted with Mississippi Portfolio Partners III,...more

Troutman Pepper

Use Of The Word “In” Indicates Geography; Use Of The Word “Of” Indicates Sovereignty: Federal District Court In Maryland Holds...

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Pritchett Controls, Inc. v. Hartford Accident & Indemnity Co., 2017 U.S. Dist. LEXIS 192182, 2017 WL 5591872 (D. Md. Nov. 21, 2017) - James W. Ancel, Inc. (“JWA”) was the prime contractor on a project for the Maryland...more

Troutman Pepper

Federal Court in Alabama Rules that 1999 Amendment to the Miller Act Does Not Preclude Arbitration of Underlying Claims

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United States v. Int’l Fid. Ins. Co., No. 16-0472-WS-C, 2017 U.S. Dist. LEXIS 16791 (S.D. Ala. Feb. 7, 2017) - This action arose out of a payment dispute between Bay South Limited, Inc. (“Bay South”) and Stephens...more

Snell & Wilmer

Arizona Court of Appeals Interprets Stricter Requirements for Payment Bond Claimants

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Arizona has long protected the rights of subcontractors and material suppliers to seek recovery from the payment bond surety on public bonded projects. Arizona’s Little Miller Act, A.R.S. § 34-223, provides that claimants...more

Hinshaw & Culbertson LLP

Court Dismisses Case For No Diversity Jurisdiction 2 Days After Filing

In an unusual display of speedy discretion, federal District Judge Sheri Polster Chappell wasted no time in dismissing the complaint on a public works payment bond filed by Advance Industrial Coating, LLC in Advance Indus....more

Burns & Levinson LLP

Design & Construction Practice: 2012 Year in Review

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It was another memorable year for the construction industry in Massachusetts. As the economic recovery continued to take hold, commercial construction market activity continued to stabilize and public projects remained a...more

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